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Manindra Kumar Malakar Vs. Secretary, Ministry of Home Affairs & others, 1989, 18 CLC (HCD)
....e copy of this order be communicated to the Deputy Commissioner, Gazipur and the Jailor, Gazipur District Jail at once for compliance. Ed. This Case is also Reported in: 43 DLR (1991) 71. ...... Commissioner, Gazipur and the Jailor, Gazipur District Jail at once for compliance. Ed. This Case is also Reported in: 43 DLR (1991) 71. ......ip;…………….(9) The horoscope of the detenu speaks that she was born on 29th of Agrahayan, 1379BS. But the said horoscope was made on a plain paper without any signature of its maker. Moreover, it is a private document which may be created at any time for any spe..Category: Women and Children | Date: 14 Aug, 1989 | Hits: 104
Hazrat Ali & Abdur Rahman Vs. State, 1989, 18 CLC (HCD)
....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. ......ondemned prisoners from death to imprisonment for life. Ed. This Case is also Reported in: 42 DLR (HCD) (1990)177. ......ficer in a bullock cart. 17. P.W.5 Lutfar Rahman of Adamdighi is also a seizure list witness. He stated that he found a spade in front of the house of accused Abdur Rahman and he put his signature on a paper as a witness. He found Abdur Rahman lying on the ground and his hand was tied..Category: Evidence Law | Date: 26 Apr, 1989 | Hits: 152
Niropoma Ritchel Vs. Mohammad Abdul Jalil Mea & others, 1989, 18 CLC (HCD)
....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........ Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 467.......a, that the possession of Md. Afsar Khan could not be treated as adverse to others on the basis of an agreement for sale as Afsar Khan's possession under the contract for sale was of a permissive nature and could not be treated as adverse. The subordinate judge held that Afsar Khan's possession ..Category: Contract Law | Date: 13 Mar, 1989 | Hits: 941
....t be sent at once to the Sessions Judge and the Deputy Commissioner, Narayanganj and also to the Upazila Magistrate Araihazar Upazila.
Ed.
This Case is also Reported in: 42 DLR (HD) (1990) 79. ......issioner, Narayanganj and also to the Upazila Magistrate Araihazar Upazila.
Ed.
This Case is also Reported in: 42 DLR (HD) (1990) 79. ......ted in A.I.R. 1934 Lahore 647 it was held that it is not proper that the questions involving status of parties, i.e. validity of marriage and conversion should be decided in an application in the nature of Writ of habeas corpus under section 491 of the Code of Criminal Procedure. In the case o..
Category: Women and Children | Date: 13 Dec, 1988 | Hits: 193
Mrs. Sajeda Parvin Banu Vs. Government of Bangladesh and others, 1988, 17 CLC (AD)
....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. ......udicial 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. ......itution in the High Court cannot be limited or taken away by a sub-constitutional legislation but the reference to the statute and the other factors mentioned above is rather for determining its true nature, scope and legality." (emphasis added). 15. This being nature of fact that the..Category: Criminal Law | Date: 20 Mar, 1988 | Hits: 95
Sachindra Lal Das and others Vs. Hriday Ranjan Das, 1987, 16 CLC (AD)
....nciple of res judicata and dismissed the suit. In the result, the appeal is dismissed without however any order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 56. ......order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 56. ...... Appeal, recovery of possession from them was refused and the plaintiffs claim to be redeemed by them was also found barred by limitation under Article 132, Limitation Act. In two other suits of this nature, this principle of law was followed. In Guru Prasa Sukul v. Tarini Chandra Debnath, 42 CWN 10..Category: Civil Law, Procedural Law | Date: 20 Jul, 1987 | Hits: 106
Shaikh Obaidul Haq Vs. The State & another, 1986, 15 CLC (HCD)
....litan Magistrate, Dhaka be quashed. Latifur Rahman, J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 105. ......;I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 105. ......cashed in normal case, it would be prima facie proof of the intention to cheat". In the present case we have no scope to find either from the complaint petition or from the circumstances and the nature of the transactions as are admitted that the petitioner while issuing the post-dated che..Category: Criminal Law | Date: 20 Feb, 1986 | Hits: 1
Abul Hashem (Bulbul) Vs. Mobarak Uddin Mahmud, 1986, 15 CLC (HCD)
....below are affirmed. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 145. ......Court Division (Comilla Bench) (Civil Revisional Jurisdiction) Present: Mustafa Kamal J Abul Hashem (Bulbul)..............................Petitioner Vs. Mobarak Uddin Mahmud .........................Opposite parties Judgment February 12, 1986. Resul......petitioner. He denied that he was 22 years of age on the date of election. He stated that he had no knowledge as to whether there were dead and absent voters in the election and even if votes of that nature were cast it could not be determined for whom those were cast. There was no false voting, the..Category: Election Law, Evidence Law | Date: 12 Feb, 1986 | Hits: 4
Alhaj Mamtaj Meah Vs. The State, 1986, 15 CLC (HCD)
....of the case in accordance with law as expeditiously as possible. Md. Abdul Jalil, J.—I agree Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 152. ......dul Jalil, J.—I agree Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 152. ......d eighty days for concluding the investigation of offences pending with any police officer for investigation since before the coming into force of Ordinance No.XXIV of 1982 on 21.8.82 is directory in nature and not mandatory inasmuch as there is no clause of default providing for stopping of fu..Category: Criminal Law, Procedural Law | Date: 30 Jan, 1986 | Hits: 1
Sultana Ara Begum Vs. Secretary, Ministry of Home Affairs & others, 1985, 14 CLC (HCD)
....t, the Rule is made absolute. Md. Abdul Jalil J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 93. ....... This Case is also Reported in: 38 DLR (HCD) (1986) 93. ......within the meaning of the Indian Evidence Act, 1872 presume that such order was so made by that authority. It is now well-established principle that the statutes containing provision of the nature noted above require that the order is passed in the exercise of the power conferred by the st..Category: Criminal Law | Date: 11 Dec, 1985 | Hits: 2
Md. Musa & others Vs. Tazul Islam & others, 1985, 14 CLC (HCD)
.... The appeal is summarily dismissed without any order as to costs. Fazle Hussain Mohammed Habibur Rahman J.—I agree Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 134. ...... Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 134. ......t of possession of several kanies of land. Those defendants are determined to oust the plaintiffs from their ancestral properties which include their hearth and home and are trying to change the nature of the land. 4. The learned Subordinate Judge rejected the said application by an order ..Category: Civil Law, Procedural Law | Date: 8 Dec, 1985 | Hits: 180
Noor Mohammad Vs. The State, 1985, 14 CLC (HCD)
.... Cr.P.C was recorded by Mr. Md. Atiqul Islam Chowdhury, Thana Nirbahi Officer but the statement was not made part of evidence by the prosecution at the time of trial probably because it was self exculpatory. After completing investigation of the case P.W.1 Sub-Inspector Rafiqul Islam submitted ...... 38 DLR (HCD) (1986) 111. ......th in opinion of the doctor was due to haemorrhage on the brain surface caused by trauma by blunt weapon or forceful dashing of the head against a hard substance which was antemortem and homicidal in nature. After receipt of the post mortem report Ext. 3 P.W.1 Sub-Inspector Rafiqul Islam lodged..Category: Criminal Law, Evidence Law | Date: 29 Nov, 1985 | Hits: 5
The State Vs. Mosammat Mallika Khatun, 1984, 13 CLC (HCD)
....s affirmed. Let the lower Court records be sent down immediately. Muhammad Abdul Wahab J. — I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 53. ...... Muhammad Abdul Wahab J. — I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 53. ......y;most senseless and her husband was also senseless. She further stated in cross-examination that the condemned prisoner often insulted her. The condemned prisoner was a woman of angry nature and she used to lose control of her senses when she became angry. 8. P.W.3 Azizur Rahman..Category: Criminal Law | Date: 25 Nov, 1984 | Hits: 1
Emran Ali @ Md. Emran & ors Vs. State, 1984, 13 CLC (HCD)
....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. ......I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 1. ...... as to the circumstances under which it was taken, purporting to be made by the person signing it, are true, and that (c) such confession was duly taken. The Court shall also presume that the signature appended is that of the Magistrate by whom it purports to be signed. Statements recorded unde..Category: Criminal Law, Evidence Law | Date: 4 Nov, 1984 | Hits: 4
Zaheda Bewa & anothers Vs. The State, 1984, 13 CLC (HCD)
.... 8. The substance of the confessional statement has been set out earlier. Although Mr. Azizul Haque, the learned Advocate for the appellants, has forcefully submitted that the confession was self-exculpatory in nature, we do not think it to be so. Appellant Zaheda Begum has sufficiently implicat......ab J.—I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 66. ......, trachea, ocsophagus and cartoid vessels and nerves. The death in his opinion was due to haemorrhage and shock, as a result of the aforesaid throat injury which was ante-mortem and homicidal in nature. P.W.12 S.I. Atiar Rahman is the Investigating Officer of the case. 6. The defence did n..Category: Criminal Law | Date: 25 Oct, 1984 | Hits: 6
Tayeb Ali & others Vs. State, 1984, 13 CLC (HCD)
....;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 ......suffer R.I. for ten years. Syed Muhammad Husain J. - I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 245 ......s and that the Medical evidence of the Doctor holding post mortem examination clearly proved that the death resulted from the injuries inflicted by the accused which were ante-mortem and homicidal in nature. Thus the learned D.A.G. supported the conviction and sentence. 6. Regarding the plea of..Category: Criminal Law | Date: 29 Aug, 1984 | Hits: 1
Abdul Quddus Vs. Anjuman Khatoon & others, 1984, 13 CLC (HCD)
....ming those of the trial Court. In the result the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 312 ......Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 312 ......to be made to the transferee. It would appear that in that case the Court was concerned primarily with the question as to whether the contract for reconveyance in that case was a contract of personal nature and it came to the conclusion that the contract was one of personal nature and could not be e..Category: Contract Law, Property Law | Date: 9 Jun, 1984 | Hits: 4
Mokbul Ahmed and others Vs. Bazal Ahmed & others, 1984, 13 CLC (HCD)
....will cease to have effect and will not continue in force. No order is therefore, called for. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 232 ...... Case is also Reported in: 36 DLR (1984) (HCD) 232 ......Act provides for any enquiry. No rule made under the S.A. & T. Act and having a statutory force providing for any such enquiry could be placed before me the rules of the Estates Manual are in the nature of department instructions and cannot be said to have any force of law. Mr. A KM. Shafiq..Category: Property Law | Date: 26 Apr, 1984 | Hits: 3
Sarder Ahmed Ali Vs. G. M. Ali Boksh and others, 1984, 13 CLC (HCD)
.... facts and circumstances of the case, there will however be no order as to costs. Send down the records at once. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 7. ......Ali Boksh and ors.........................Opposite-party Judgment April 12, 1984. Result: The Rule is discharged. Cases Referred to- Short Vs. Henderson Ltd.; Gould Vs. Minister of National Insurance, All England Report 1941 (Vol.1); Bangladesh Small Industries Corporat......d Advocate for the petitioner this suit was a mere declaratory suit without any consequential relief which the petitioner was competent to ask at the time of filing the suit and a suit like this nature would not be maintainable. In support of this the learned Advocate for the petitioner referre..Category: Administrative Law | Date: 12 Apr, 1984 | Hits: 4
Shababuddin & others Vs. Saijuddin & others,1984, 13 CLC (HCD)
.... there will be no order as to costs only before this Court. Send down the records as expeditiously as possible. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 337 ...... Case is also Reported in: 36 DLR (1984) (HCD) 337 ...... be read as only plot No. 1292 covering an area of 2.88 acres of land instead of 2.46 acres under khatian No 66 as urged by the plaintiff in the instant suit. There is no dispute that a patta of this nature dated 28.2.45 existed and there is also no dispute that plaintiff 1 and 2 did ask the defenda..Category: Contract Law, Property Law | Date: 7 Apr, 1984 | Hits: 4
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