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Captain (Rtd.) Nurul Huda Vs. State, 2003, 32 CLC (AD).
....ed in connection with any other case. In the result this appeal is allowed. Ed. This Case is also Reported in: IV ADC (2007) 691. ......e concluded within the specified time, the accused in the case if he is accused of a non‑bailable offence, may be released on bail to the satisfaction of the Court, unless for reasons to be recorded in writing, the Court otherwise directs. 19. Interpreting of the imperative ...... allowed. Ed. This Case is also Reported in: IV ADC (2007) 691. ......ed in connection with any other case. In the result this appeal is allowed. Ed. This Case is also Reported in: IV ADC (2007) 691. ..Category: Criminal Law | Date: 1 Dec, 2002 | Hits: 123
Cinmoy Chowdhury and another Vs. Mridul Chowdhury and Others, 2003, 32 CLC (AD).
....ils and is dismissed without any order as to costs. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 115. ......d deed of gift (Exhibit Ga) being No. 91 dated 24‑12‑1946 (registered on 7‑1‑1947) he gifted his entire ancestral properties in favour of the defendant No. 11 who got her name recorded in PS and BS Khatians and since then she was in possession of the same. It is also the case......3) 115. ......perty by the joint income of the property of both the brothers. The evidence of the PWs could not be dislodged or scanned down by the long cross‑examination made on behalf of the defendants. RS khatian of the suit property also was prepared in the names of both the owners, as stated, by the PW..Category: Property Law | Date: 25 Nov, 2002 | Hits: 87
Tarak Chandra Majhi Vs. Atahar Ali Howlader and others, 2002, 31 CLC (AD)
....cuted and registered the kabala on July 28, 1972 in favour of the plaintiff-appellant on the basis of compromise decree in Title Suit No. 161 of 1970, but the learned Judge of the High Court Division wrongly reversed the Judgment of the lower appellate Court without ascertaining the terms of the s...... judgment and decree of the appellate court is restored. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 481; 8 MLR (AD) 209, 8 BLC (AD) 67. ...... Ed. This Case is also Reported in: 1 ADC (2004) 481; 8 MLR (AD) 209, 8 BLC (AD) 67. ...... judgment and decree of the appellate court is restored. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 481; 8 MLR (AD) 209, 8 BLC (AD) 67. ..Category: Evidence Law | Date: 18 Nov, 2002 | Hits: 74
Government of Bangladesh and another Vs. MA Khair Bhuiyan, 2003, 32 CLC (AD).
....e appeal in accordance with law. In the result, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 76. ......o secure the ends of justice and reference in this regard may be made in the case of Master Abdul Aziz vs. Abani Mohan Mukerjee and others reported in 30 DLR (AD) 221. In the said case the High Court recorded an order that the appeal had abated in view of an affidavit and death certificate which wer...... Ed. This Case is also Reported in: 55 DLR (AD) (2003) 76. ......e appeal in accordance with law. In the result, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 76. ..Category: Civil Law | Date: 4 Nov, 2002 | Hits: 152
Abdus Sobhan Biswas Vs. State, 2002, 31 CLC (HCD)
....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. ......isited the 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 an......his judgment to the trial Court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 54 DLR (2002) 556. ......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)
....l Tribunal No.1, Chittagong. The Special Tribunal took cognisance against the accused persons under section 4(b), (c) and 9 of the aforesaid Ordinance. Thereafter the Special Tribunal, Chittagong (wrongly written the Nari-o-Shishu Nirjatan Daman Bishesh Adalat) by the impugned order dated 6‑...... arrests were issued and one notification was published on 1‑9‑1997 in a local daily newspaper and another notification was published on 1‑10‑1997 in a local daily newspaper which has been recorded by order dated 5‑11‑1997. It has been contended that if the Special Tribunal has reas......Special Tribunal, Chittagong is hereby directed to dispose of the same expeditiously. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 536. ......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
Kalu Sheikh alias Kalam Sheikh and others Vs. State, 2002, 31 CLC (HCD)
....against them and they are hereby discharged from their respective bail bond. Send down the lower Court records immediately. Ed. This Case is also Reported in: 54 DLR (HCD) (2002) 502 ......ffaloes of Abu Bakkar for damaging her pulse and accused assaulted her son for the same. Her son died sitting on the verandah two days after the occurrence. Thereafter she lodged the ejahar which was recorded according to her statement and she put her LTI. In cross-examination P.W. 1 stated that her......ve bail bond. Send down the lower Court records immediately. Ed. This Case is also Reported in: 54 DLR (HCD) (2002) 502 ......against them and they are hereby discharged from their respective bail bond. Send down the lower Court records immediately. Ed. This Case is also Reported in: 54 DLR (HCD) (2002) 502 ..Category: Criminal Law, Evidence Law | Date: 31 Jul, 2002 | Hits: 2
Shishir Kanti Pal and others Vs. Nur Muhammad and others, 2002, 31 CLC (AD)
....of the property described in schedule 'B' in the Tripura State, India is undisputedly the properties situate in the District of Noakhali, that the High Court Division as well as the appellate Court wrongly shifted the onus upon the defendants relating to revalidation and re‑stamping of the Exhi......No. 5 is that the property of Khatian Nos. 30 and 32 cannot be treated as enemy property, 5. The case of the defendant No. 6 was that his father Puma Chandra Pal was the owner of the land recorded in khatian Nos. 29, 94, 100 and 255 as mentioned in schedule 'A' and that his father died ......also Reported in: 55 DLR (AD) (2003) 39. ......at the property of Khatian Nos. 30 and 32 cannot be treated as enemy property, 5. The case of the defendant No. 6 was that his father Puma Chandra Pal was the owner of the land recorded in khatian Nos. 29, 94, 100 and 255 as mentioned in schedule 'A' and that his father died leaving 3 s..Category: Civil Law | Date: 27 Jul, 2002 | Hits: 175
MA Gafur and anr. Vs. Govt. of BD rep. by Sec., Min. of Defence and anr., 2004, 33 CLC (AD)
....C and the Head Clerk. In the similar manner, as was in the case of said MA Gafur, an inquiry was initiated upon the allegations made by some interested quarter that they along with some others were wrongly promoted to the post of SDO. The respondent No. 1 was directed vide memo dated 24‑12......les. We therefore, find no legal infirmity in the impugned judgments of the High Court Division calling for interference. Accordingly, the petitions are dismissed. Ed. ......ce. Accordingly, the petitions are dismissed. Ed. ......les. We therefore, find no legal infirmity in the impugned judgments of the High Court Division calling for interference. Accordingly, the petitions are dismissed. Ed. ..Category: Administrative Law | Date: 24 Jul, 2002 | Hits: 133
Goutam Chandra Das alias Goutam Kumar Das Vs. State, 2002, 31 CLC (HCD)
....tence against the accused appellant under section 10(2) of the Nari-o-Shishu Nirjatan Daman (Bishesh Bidhan) Ain, 1995 without any material evidence on record. He then submits that the Bishesh Adalat wrongly framed charged against the accused appellant under section 10(2) of the aforesaid Act as the......ons went away in their presence but they did not raise any alarm. 16. SI Based as P.W.9 in examination-in-chief stated that while he was working in the Jhalakati Police Station on 21‑5‑1999 he recorded the ejahar and his signature therein was marked as Exhibit 1/2. On cross-examination he sta...... 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. ......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
State Vs. Harish, 2002, 31 CLC (HCD)
....emned prisoner Harish is acquitted of the charge and let him be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 54 DLR (2002) 473.......he Investigating Officer he carried the dead body to the morgue and put his signature in the challan. 17. PW 17 Ishrafil Khandaker is the Magistrate, First Class, Narsingdi and he stated that he recorded the confessional statement of the accused Harish on 16-6-1997 in compliance with the provis......nd let him be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 54 DLR (2002) 473.......emned prisoner Harish is acquitted of the charge and let him be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 54 DLR (2002) 473...Category: Women and Children | Date: 2 Jul, 2002 | Hits: 89
Ekushey Television Ltd. and others Vs. Dr. Chowdhury Mahmood Hasan & others, 2002, 31 CLC (AD)
.... judgment of the High Court Division calling for our interference. All the leave petitions are dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 130. ......ther observed that nowhere those conditions were mentioned. Under the circumstances the High Court Division called for the file of the technical committee in which the minutes or deliberations were recorded to be examined by it. The High Court Division passed two orders for the production of the ......All the leave petitions are dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 130. ...... judgment of the High Court Division calling for our interference. All the leave petitions are dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 130. ..Category: Constitutional Law | Date: 2 Jul, 2002 | Hits: 50
Abdul Majid Sarker (Md) Vs. State and others, 2003, 32 CLC (AD).
....ntendent of Naogaon Jail is directed to release the detenu Masuda Khanam (Hasi), daughter of the appellant forthwith and handover her to the custody of her father the appellant. Ed. ......heet and the case is now pending before the trial Court. The police recovered Masuda Khanam (Hasi) and arrested respondent No. 4‑Md Enamul Hoque on 9‑7‑2000 and her statement was recorded wherein she expressed her intention not to go with her father. Thereafter the victim was s......asi), daughter of the appellant forthwith and handover her to the custody of her father the appellant. Ed. ......ntendent of Naogaon Jail is directed to release the detenu Masuda Khanam (Hasi), daughter of the appellant forthwith and handover her to the custody of her father the appellant. Ed. ..Category: Criminal Law | Date: 9 Jun, 2002 | Hits: 74
State Vs. Chief Editor, Manabjamin and others, 2002, 31 CLC (HCD)_Part One
....imprisonment for a period of one month with a fine of Taka 2000 (two thousand) payable within two months, in default, to undergo further simple imprisonment for a period of one month. Part Two ......e cassette in our chamber in presence of the learned Advocates of 'Manabjamin' and as well as in presence of the Deputy Attorney-General Mr. Bazlur Rahman. After listening to the conversation recorded in the cassette it appeared that the transcript was not a complete one and parts of the con...... of Taka 2000 (two thousand) payable within two months, in default, to undergo further simple imprisonment for a period of one month. Part Two ......imprisonment for a period of one month with a fine of Taka 2000 (two thousand) payable within two months, in default, to undergo further simple imprisonment for a period of one month. Part Two ..Category: Contempt of Court Law, Criminal Law | Date: 20 May, 2002 | Hits: 201
Hobi Sheikh and another Vs. State, 2002, 31 CLC (HCD)
....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. ......the trial Court passed the impugned judgment of conviction and sentence on conjecture and surmises, mainly considering the statement made by the alleged victim before the learned Magistrate which was recorded under section 164 Cr.P.C., though the learned Magistrate was not examined as witness and th......ection with any other case. Send down the case records expeditiously. Ed. This Case is also Reported in: 56 DLR (2004) 383. ......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)
.... them and they are acquitted of the same and be set at liberty if not wanted in any other case. Send down the lower court records at once. Ed. This Case is also Reported in: 54 DLR (2002) 298.......in, 1995. During investigation, the victim Salma Akhter was not available and she surrendered before the Court on 3-8-1999 after submission of the charge sheet and on that very day, her statement was recorded by the Magistrate, First Class under section 164 of the Code of Criminal Procedure. 4. T......e set at liberty if not wanted in any other case. Send down the lower court records at once. Ed. This Case is also Reported in: 54 DLR (2002) 298....... them and they are acquitted of the same and be set at liberty if not wanted in any other case. Send down the lower court records at once. Ed. This Case is also Reported in: 54 DLR (2002) 298...Category: Women and Children | Date: 30 Apr, 2002 | Hits: 82
Jabed Ali Sheikh (Md) and others Vs. Md. Abdus Sobhan Sheikh and others, 2002, 31 CLC (AD)
....point out any legal infirmity in the same. There is, therefore, no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 64. ......point out any legal infirmity in the same. There is, therefore, no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 64. ......in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 64. ......point out any legal infirmity in the same. There is, therefore, no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 64. ..Category: Property Law | Date: 30 Apr, 2002 | Hits: 121
Abul Kashem & anr. Vs. Govt. of BD and ors., 2004, 33 CLC (AD)
....herefore discharged the Rule. 5. We do not find any illegality or infirmity in the judgment of the High Court Division. The petition is therefore, dismissed. Ed. ...... above suit against the respondent for declaration of title, confirmation of possession and for permanent injunction. The case of the petitioners was that the names of their predecessors were recorded in CS and RS Khatian but in the PS and BS Khatian the names of the respondents was recorde...... of the High Court Division. The petition is therefore, dismissed. Ed. ......herefore discharged the Rule. 5. We do not find any illegality or infirmity in the judgment of the High Court Division. The petition is therefore, dismissed. Ed. ..Category: Procedural Law | Date: 13 Apr, 2002 | Hits: 133
Gouri Das and ors. Vs. ABM Hasan Kabir and others, 2003, 32 CLC (AD).
....urt Division is not correct inference. In view of the above, the appeals are dismissed without any order as to cost. Ed. This Case is also Reported in: II ADC (2005) 449, 635. ......his family members. Binayendra was never in possession of the suit land and after his death, his sons and wife never inherited the suit property and by mistake in RS khatian name of Ava Rani Aich was recorded with respect to the suit land. It is also claimed that the defendant‑appellants never pai......thout any order as to cost. Ed. This Case is also Reported in: II ADC (2005) 449, 635. ......esiding in the suit property with his family members. Binayendra was never in possession of the suit land and after his death, his sons and wife never inherited the suit property and by mistake in RS khatian name of Ava Rani Aich was recorded with respect to the suit land. It is also claimed that th..Category: Tenancy Law | Date: 9 Apr, 2002 | Hits: 148
Aroti Rani Paul Vs. Sudarshan Kumar Paul and others, 2002, 31 CLC (AD)
....indings and decisions of the High Court Division and consequently the appeal is allowed without any order as to cost. Ed. This Case is also Reported in: 56 DLR (AD) 73. ......llegal, void and not binding upon the plaintiff. 3. Plaintiffs case, inter alia, is that her father Upendra Nath Paul and her uncle Nripendra Nath Pual being Bangladeshi citizens were the recorded owners of the suit property under both in RS and SA Khatian. Her father by registered deed ......r as to cost. Ed. This Case is also Reported in: 56 DLR (AD) 73. ......indings and decisions of the High Court Division and consequently the appeal is allowed without any order as to cost. Ed. This Case is also Reported in: 56 DLR (AD) 73. ..Category: Family Law | Date: 1 Apr, 2002 | Hits: 181
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