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Md. Ismail Vs. State, 2012, 41 CLC (HCD)
....ioner from the allegation of the CR case No.306 of 1991 is quashed and the accused is acquitted from the charge levelled against him. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 473. ...... parties to show cause as to why the Judgment and order dated 31-07-2000 passed by Additional Metropolitan Sessions Judge, 2nd Court, Chittagong in Criminal Motion No.733 of 1999 (Metro) [(renumbered from Criminal Motion No.445 of 1998 (Sessions)] allowing the criminal Motion and setting aside the o......ioner from the allegation of the CR case No.306 of 1991 is quashed and the accused is acquitted from the charge levelled against him. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 473. ......prevent abuse of the process of the Court and thirdly, to secure the ends of justice. What is 'inherent' is an inseparable incident of a thing or an institution in which it inheres. This rule has its source in the maxim "Quado lex aliquid alicut concedit, concoders videturid sine quo ipsa esse non p..Category: Procedural Law | Date: | Hits: 94
Sudhangshu Shekhor Halder Vs. Chief Election Commissioner & others, 2003, 32 CLC (HCD)
.... be void. Let a copy of this judgment be communicated to the Election Commission to take necessary steps in accordance with law. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 655. ......ithdrawal of candidature on 6‑09-2001; and the date for holding polls on 1‑10‑2001. For the electoral Constituency No.129 Pirojpur‑1, there were 7 candidates one independent and 6 nominated from political parties, including Sudhangshu Shekhor Halder, the nominee from the Awami League with ......on 31‑08-2001; date of withdrawal of candidature on 6‑09-2001; and the date for holding polls on 1‑10‑2001. For the electoral Constituency No.129 Pirojpur‑1, there were 7 candidates one independent and 6 nominated from political parties, including Sudhangshu Shekhor Halder, the nominee......n of the return of election expenses came after the election took place and the illegal practice of not submitting the return in accordance with the law and the corrupt practice of not disclosing all sources of fund as required by Article 44AA(4), would not have any direct bearing on the election. T..Category: Election Law | Date: | Hits: 300
Hazi Shamul Alam Vs. Dr. Ashim Sarkar and others, 2006, 35 CLC (HCD)
....onnected Civil Rule No.17(F) of 2004 is discharged and the order of stay is vacated. Send down the lower Court's records at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 199. ...... appeal is dismissed. The Partition Act, 1893 (Act No. IV of 1893), section 4 A co-sharer of a dwelling house has an irresistible right under Section 4 of the Partition Act to resist a stranger from coming to an undivided dwelling house and has a protected right to buy up the share of stranger...... the evidence on record we also clearly find that the dwelling house in question is an undivided old paternal homestead owned by the plaintiff's father and uncles and in which he himself has acquired independent interest in 08 decimals of land donated to him by way of deed of gift made in his favour......onnected Civil Rule No.17(F) of 2004 is discharged and the order of stay is vacated. Send down the lower Court's records at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 199. ..Category: Property Law | Date: | Hits: 132
Prof. Serajul Islam Chowdhury and others Vs. Jahangirnagar University and others, 2009, 38 CLC (HCD)
.... satisfied that it can act on the evidence of the prosecutrix, there is no rule of law or practice incorporated in the Evidence Act similar to illustration (b) to S. 114 which requires it to look for corroboration.' 50. In the case of Md. Saidur Rahman Vs. The State (1993) 13 BLD (AD) 79, our App......b) The committee will have minimum five members and majority of members will be women. The head of the committee should be a woman, if available. (c) The committee should have at least two members from outside the organization concerned, preferably from organizations working on gender issues and ......ed in section 2 (ga) and (gha) of দক্ষতা ও শৃংখলা অধ্যাদেশ are wide enough to include the allegations like sexual abuse/harassment. But in order to ensure an independent enquiry, it must be conducted by a committee as defined in the guidelines laid down in t...... Judgment complying with the principles of natural justice and fairness. 62. There is no order as to costs. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 6; 61 DLR (HCD) (2009) 744 ..Category: Employment/Service Law | Date: | Hits: 169
Santosh Mia Vs. State, 1989, 18 CLC (HCD)
....m from which one mid worm and faecal substances came out. The abdominal cavity is full of blood and faecal matter. Since the testimony of the informant P.W.1 gets full medical support in the shape of corroboration there is no reason why such testimony should be disbelieved. It was suggested that vic......mant being armed with an axe and dealt an axe blow on the sole of left leg of informant's mother. On hearing cries informant Harendra Chandra Das who was then, sleeping on the north biti hut, woke up from sleep and went to rescue his mother. He saw appellant to give a kick on the abdomen of his mo......out being proved A suggestion without being proved by any evidence remains in the realm of suggestion……………10 Evidence of a doctor Generally evidence of a doctor is considered to be independent and more reliable and in case of conflict preference can be given to occular evidence. B......the informant is a natural witness. His evidence lends corroborative support to prosecution story. Nothing could be elicited from his cross-examination to show that his testimony arising from a source which is tainted with bias or interestedness. The learned Sessions Judge also placed reliance..Category: Criminal Law | Date: | Hits: 118
Khokan Kumar Saha Vs. Secretary, Ministry of Home Affairs & others, 1989, 18 CLC (HCD)
....in custody in Dhaka Central Jail, be released from custody forthwith if his further detention is not required in any of the connection. Ed. This Case is also Reported in:42 DLR (HD) (1990) 164. ......lt: The Rule is made absolute. The Special Powers Act, 1974 (XI5 1974); Section 8 (1) A District Magistrate is not competent to make an order of detention with a view to preventing a person from doing a prejudicial act within the meaning of section 2(f) (i) of the Special Powers Act. Any s......in custody in Dhaka Central Jail, be released from custody forthwith if his further detention is not required in any of the connection. Ed. This Case is also Reported in:42 DLR (HD) (1990) 164. ......in custody in Dhaka Central Jail, be released from custody forthwith if his further detention is not required in any of the connection. Ed. This Case is also Reported in:42 DLR (HD) (1990) 164. ..Category: Criminal Law | Date: | Hits: 74
Md. Sayem Islam Vs. State, 2006, 35 CLC (HCD)
....ail bond. Send down the lower Court's records at once with a copy of the judgment for information and for taking necessary action. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 155. ...... 17-06-1999 informant P.W.1 S.I. Md. Shajahan along with A.S.L Sheikh Abdullah (P.W.2), Constable Abul Kasem (P.W.3) were on special duty at Mirpur area. At about 11-30p.m. he received an information from secret source that 5/6 armed terrorist assembled at Junaki road Ahmednagar Paikpara, Mirpur. On......ail bond. Send down the lower Court's records at once with a copy of the judgment for information and for taking necessary action. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 155. ......informant P.W.1 S.I. Md. Shajahan along with A.S.L Sheikh Abdullah (P.W.2), Constable Abul Kasem (P.W.3) were on special duty at Mirpur area. At about 11-30p.m. he received an information from secret source that 5/6 armed terrorist assembled at Junaki road Ahmednagar Paikpara, Mirpur. On such inform..Category: Criminal Law | Date: | Hits: 103
Nesaruddin Mallick and others Vs. State, 2005, 34 CLC (HCD)
....ower Court's records at once with a copy of the Judgment for information and taking necessary action. AKM Fazlur Rahman J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 289. ......and unfurled at trial is that on 10.3.1985 corresponding to 26th Falgun, 1391 B.S. at 8.0 a.m. P.W.1 Shibli Sadik @ Azam along with his sister's husband Abdul Halim were going to their village home from Pirojpur town. On the way while they reached on the road of thana counsel then they found tha...... the prosecution witnesses. He further canvassed that the P.Ws.1-8 are the most interested and partisan witnesses. Having regard to the fact that the prosecution failed to examine even a single independent, natural and competent witnesses to prove the case and as such relying on such evidenc......ower Court's records at once with a copy of the Judgment for information and taking necessary action. AKM Fazlur Rahman J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 289. ..Category: Criminal Law | Date: | Hits: 78
Firoz (Md.) Vs. State, 2011, 40 CLC (HCD)
....liberty at once if not wanted in any other connection. Send down the L/C records along with a copy of this judgment expeditiously. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 189. ......saying: despite repeated requests why she did not pay money. He said he would kill them all this time. At an opportune moment she and her sister-in-law (second wife of her husband) hooked the door up from outside; caught hold of the accused with the revolver and raised hue and cry. Having heard the ......btful. 12. Furthermore, the P.Ws. 1 and 3 are members of a criminal family which seeks toimpair their credibility as witnesses. It is unsafe to place reliance on their evidence unless supported by independent and reliable witnesses. We do not find any such witness to support their case to the sat......lves the occurrence. They all tied up the accused and were planning for giving information to the nearest police station. Meanwhile, police came to the scene of occurrence having had information from sources not known to the informant. Having got the police at the spot they handed over the accused w..Category: Criminal Law | Date: | Hits: 84
State Vs. Rois Khan and another, 2009, 38 CLC (HCD)
....our Judgment. Send down the lower Court records at once. Communicate this order at once. Md. Emdadul Haque Azad J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 274. ......ffice to whom he disclosed that he got secret information that huge quantity of heroin, by smuggling, brought into Bangladesh and said smuggled heroin, he was informed that is going to be disbursed from Hotel Rajmoni Isakha. He formed a raiding party and the raiding party at 11 in the morning went......of the Narcotics Control Act, 1990 is not sustainable in law and also on the facts of the given case. 7. Mr. Farhad Ahmed, learned Deputy Attorney-General, on the other hand, submits that, through independent natural and neutral witnesses prosecution proved that huge narcotics were brought into......our Judgment. Send down the lower Court records at once. Communicate this order at once. Md. Emdadul Haque Azad J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 274. ..Category: Criminal Law | Date: | Hits: 112
Islami Bank Bangladesh Ltd. & another Vs. Agrani Bank & others, 2010, 39 CLC (HCD)
....t. The impugned judgment and decree passed by the trial court is hereby affirmed. Send down the L/C records at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 150. ....... Facts leading to this appeal are that Agrani Bank brought a money suit for a decree of Tk. 9,59,400 against Islami Bank, on the allegation that the defendant's Islampur branch collected two cheques from the plaintiff's Kawran Bazar branch which was found to be forged; the defendant being found neg......t. The impugned judgment and decree passed by the trial court is hereby affirmed. Send down the L/C records at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 150. ......endant bank for the credit of his account, bank-draft drawn in favour of Lloyd Bank and immediately drew out money by payments to stock brokers. The Court held that the absence of inquiry as to the source of such large amounts is incompatible with the customer's salary coupled with the fact that h..Category: Business or Commercial Law | Date: | Hits: 548
Atiqullah Pathan (Dhanu) Vs. State and another, 2010, 39 CLC (HCD)
....nted earlier shall stands vacated. Send a copy of this order to the Assistant Sessions Judge, 2nd Court Mymensingh for compliance. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 175. ......ensingh who is the owner of New Al Madina Enterprise; that the complainant is selling Poultry feed including fish; that on different dates the accused Md. Atiqullah Pathan (Dhanu) purchased fish feed from the complainant on credit for an amount of Taka 63,15,461,00; that with a view to adjust the sa......that two notices through lawyer have been sent by post on 26-2-2005 and on 27-2-2005 but the complainant filed a single complaint against two cheques although disnour of each cheque is a separate and independent offence and the general rule is that for every distinct office there shall be separate c......nted earlier shall stands vacated. Send a copy of this order to the Assistant Sessions Judge, 2nd Court Mymensingh for compliance. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 175. ..Category: Criminal Law | Date: | Hits: 84
Acqua Foods Limited and another Vs. Controller of Imports and Exports and others, 1997, 26 CLC (HCD)
....Certificate of the Petitioners immediately. Considering the facts and circumstances of the case, there will be no order as to cost. Ed. This case is also Reported in:49 DLR (HCD) (1997) 498. ......ast strictly complying with all formalities as required under the law relating to export of shrimp and fulfilling all requirements of the foreign buyers. In 1995 the petitioners received three orders from (a) Ocean Garden Products Inc. (b) Clouston Food Group and (c) Key Sea Food Imports Inc, all fr......uld be cancelled by the Controller of Imports and Exports. Since the Controller of Imports and Exports is the licensing authority and since the Controller of Imports and Exports had not exercised his independent action or decision as provided under articles 6, 8 and 9 of the Order, the impugned noti......Certificate of the Petitioners immediately. Considering the facts and circumstances of the case, there will be no order as to cost. Ed. This case is also Reported in:49 DLR (HCD) (1997) 498. ..Category: Civil Law | Date: | Hits: 140
Motiur Rahman Bahadur Vs. Hemanta Kumar Shill, 2010, 39 CLC (HCD)
....ent and part decree passed by the Subordinate Judge 2nd Court, Pirojpur, is maintained. Send down the lower Court records at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 180. ......operty Kumudini Shill possessed 1.19 acre land which she took out of plot Nos.353, 355, 356 and 359 by family arrangement as described in schedule Kha of the plaint. Kumudini Shill inherited the land from her late husband and thus she held the same in life interest. The plaintiff is the grandson of ......ent and part decree passed by the Subordinate Judge 2nd Court, Pirojpur, is maintained. Send down the lower Court records at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 180. ......aining to khatian No.185 admittedly belonging to different members of the Shill family of which husband of defendant No.2, Lalit Kumar Shill, is one. Defendant No.2 is married into the family and her source of ownership to the property can only be attributable to her husband unless otherwise proved...Category: Property Law | Date: | Hits: 107
State Vs. Tutul & Fazlur Rahman @ Badal and others, 2011, 40 CLC (HCD)
.... recorded under Section 164 of the Code of Criminal Procedure and as such it would be entirely unsafe to rely upon the confessional statement of a child, as defined in the Children Act, 1974, without corroboration of the fact that he made the confession voluntarily and knowing the consequence of...... about 8-30 P.M. the informant, while staying at the house of his elder sister Shaheda at Jigatola, his nephew Mominul Islam Mamun informed him over telephone that Rony has been abducted by some boys from Uttar Kazla. Upon receipt of such information the informant rushed there and searched the victi......fan be discharged from his bail bond. Send down the Lower Court Records, along with a copy of this, judgment and order, at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 516. ......fan be discharged from his bail bond. Send down the Lower Court Records, along with a copy of this, judgment and order, at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 516. ..Category: Criminal Law | Date: | Hits: 98
State Vs. Nazma Sarker @ Beauty and others, 2011, 40 CLC (HCD)
....rcumstances, though by itself, should not be sufficient to establish the guilt of the condemned prisoners and another absconding convict Ahidul Islam but the said circumstances have rendered material corroboration to the particulars mentioned in the confessional statements of the condemned-prisoners......s also adduced evidence which are marked as exhibits and material exhibits. The State Defence Lawyer was provided for the absconding accused Kamal and Ahidul. 7. The defence case, as it transpires from the trend of cross-examination of the prosecution witnesses, is that all the accused persons ar......he Rule of prudence may require some sort of corroboration with giving facts. It is not necessary that each and every circumstance mentioned in the confession regarding complicity of the accused must independently be corroborated as it is necessary in the case of using the confession of an accused......ported in 1987 B.L.D. (AD) 73 wherein it has been held as under:- "The Court may use the Police Diary not as evidence of any date, fact or statement referred to it, but as containing indication of sources and lines of enquirying. In Mannu's case it was held that the Police diaries may be used not..Category: Criminal Law | Date: | Hits: 99
Dulal Miah @ Dulal @ Nurun Nabi Vs. Ruhul Amin and others, 1998, 27 CLC (HCD)
....he medical certificate and X‑ray report only and on the basis of other evidence already on record. Send down the LC record at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 618. ......accused opposite parties to show cause as to why judgment and order dated 5‑7‑1987 passed by the Additional Sessions Judge, Noakhali in Sessions Case No.41 of 1986 acquitting the opposite parties from the charges under sections 324/34 and 302/34 of the Penal Code should not be set aside. 2. L......prevailing deteriorating law and order situation in the society where open threat is given to the witnesses not to depose in support of the prosecution case the difficulty of the prosecution to bring independent witnesses, and the rising tendency of witnesses giving testimony in the Court to favour ......he medical certificate and X‑ray report only and on the basis of other evidence already on record. Send down the LC record at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 618. ..Category: Criminal Law | Date: | Hits: 76
Mrs. Nadira Rahman Vs. Sayed Amir Hossain, 1983, 12 CLC (HCD)
....d orders were passed and she is to continue as Mutwalli till she resigns or is removed in accordance with law. No order as to cost. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 277. ......Amir Hossain, son of late Syed Mohammad Ahsan filed a petition against the Petitioner Nadira Rahman before the Administrator of Wakf under section 32 of Wakf Ordinance No.1 of 1962 for removing her from the mutwalliship of Saleha Khatun Wakf estate, enrolled under E.G. Nos.151Q. and 1511-A on the ......be taken notice of by a Court under section 114 of the Evidence Act. Nadira Begum's father was not under the Patria protesta of Nadira Begum nor his position was that of a Pardahnashin Lady having no independent advice or of a minor where the law may presume the existence of undue influence and henc......d orders were passed and she is to continue as Mutwalli till she resigns or is removed in accordance with law. No order as to cost. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 277. ..Category: Trust/Waqf Law | Date: | Hits: 134
Motleb Molla (Md.) Vs. Dost Mohammad and others, 1997, 26 CLC (HCD)
....gment. The petitioner is also directed to take all possible steps in that behalf. Send down the record to the trial Court at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 613. ......s Rule are, that the plaintiff (petitioner) filed OC Suit No.323 of 1974 against the defendant opposite party Nos. 1‑4 for a declaration of title and recovery of khas possession after evicting them from the suit land. The said suit was dismissed on 27‑8‑76 and the plaintiff took an appeal. The......s such, the judgment and decrees of the Courts below are liable to be set aside. Mr. Sultan Ahmed the learned Advocate for the petitioner has strongly submitted that there having been no specific and independent issues framed on the point of adverse possession of the opposite parties and there havin......gment. The petitioner is also directed to take all possible steps in that behalf. Send down the record to the trial Court at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 613. ..Category: Property Law | Date: | Hits: 77
Masum and others Vs. State, 2009, 38 CLC (HCD)
....liberty at once if not wanted in connection with any other case. Send down the Lower Court Records. Communicate the order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 133. ......d 3 under Section 19(f) of the Arms Act sentencing both of them to suffer rigorous imprisonment for s period of 7 (seven) years, subject to reduction of the custody period of the convict appellants from their sentence as per provision Section 35A of the Code of Criminal Procedure. 2. The prosec......of the evidence on record and in view of the findings as recorded in the two preceding paragraphs, are liable to be distinguished from those cases in which the evidence of police personnel were found independent, creditworthy and corroborated by the circumstances. In this particular case the verac......liberty at once if not wanted in connection with any other case. Send down the Lower Court Records. Communicate the order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 133. ..Category: Criminal Law | Date: | Hits: 75
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