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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. ......tion 366A of the Penal Code and section 4(b) of the Cruelty to Women (Deterrent Punishment) Ordinance, 1983 hereinafter referred to as Ordinance No. LX of 1983. On 18.3.86 statement of the detenu was recorded under section 164 of the Code of Criminal Procedure wherein she stated that she accepted th...... Commissioner, Gazipur and the Jailor, Gazipur District Jail at once for compliance. Ed. This Case is also Reported in: 43 DLR (1991) 71. ......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. ..

Category: Women and Children | Date: 14 Aug, 1989 | Hits: 104

Circle Officer, Sutrapur Vs. Mohammad, 1989, 18 CLC (HCD)

.... for the suit property stating that the suit property belonged to the Government and did not receive any rent from the plaintiffs for the suit property. The plaintiffs found that the suit property is wrongly recorded in the name of the Government in the SA Khatian which requires to be corrected as i......0 of Monza Sutrapur, PS Sutrapur, District Dhaka. The said suit was instituted on 2nd March, 1986. According to the plaintiffs, the suit property was owned and possessed by late Sadagar whose name is recorded in the CS Khatian. After his death the plaintiffs as his heirs and successors have been own......t Judge, Dhaka immediately. Ed. This Case is also Reported in: 43 DLR (1991) 84. ......ten statement denied the allegations made in the plaint. The case for the Government (Defendants) is that the suit property (being a tank measuring more than 4 bighas of land) is recorded in the khas khatian not of the Collector, Dhaka. Zamindar Manmatha Bennerjee purchased the estate including the ..

Category: Limitation Law | Date: 9 Aug, 1989 | Hits: 178

Ziaul Hoque Vs. Election Commis­sion, 1990, 19 CLC (HCD)

.... is discharged with compensatory cost of Tk. 5,000/‑ (Taka five thou sand) only to be paid to the respondent No. 5 by the petitioner. Ed. This Case is also Reported in: 43 DLR (1991) 9. ...... Officer against acceptance of nomina­tion paper of the respondent No.5. The petitioner in his affidavit‑in‑reply has neither challenged the genu­ineness of that application and the order recorded by the Returning Officer in the margin of that applica­tion marked Annexure A2 to the a......ka five thou sand) only to be paid to the respondent No. 5 by the petitioner. Ed. This Case is also Reported in: 43 DLR (1991) 9. ...... is discharged with compensatory cost of Tk. 5,000/‑ (Taka five thou sand) only to be paid to the respondent No. 5 by the petitioner. Ed. This Case is also Reported in: 43 DLR (1991) 9. ..

Category: Election Law | Date: 14 Jun, 1989 | Hits: 98

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. ......d and possessed by Suresh Chandra Poddar, Joy Durga Daysa, Govinda Chandra Poddar, Mem Chandra Chowdhury, Nawab Ali Chowdhury and others in odd shares and their names with their shares were correctly recorded in the maliki claim of C.S. Khatian. Nawab Ahsanullah Bahadur represent­ed by Manager, ...... This Case is also Reported in: 42 DLR (HCD) (1990) 357. ......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. ..

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

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. ......the presumption of correctness of recording the confessional statement upon observing all formalities can very well be inferred that the accused would freely and voluntari­ly confess their guilt, recorded their confession and that the accused also made no complaint before the Magistrate. . .Retr......ondemned prisoners from death to imprisonment for life. Ed. This Case is also Reported in: 42 DLR (HCD) (1990)177. ......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)

....ion alone. The learned Advocate next contends that in the suit no specific issue was framed by the parties regarding the acquisition of title by ad­verse possession and as such the trial Court acted wrongly in law and fact in framing an issue of ad­verse possession suo motu and decreeing the suit ......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.......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

Sukhendra Chandra Das Vs. Secretary, Ministry of Home Affairs, Govt. of Bangladesh and Others, 1988, 17 CLC (HCD)

....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. ...... Ranjana Rani Das alias Shahida Begum to the custody of Advocate Janaba Suraiya Chowdhury on a bond of Tk. 10.000/- for keeping her in safe custody. On 21.7.88 the learned Sessions Judge in his order recorded as follows:— “নথি দৃষ্টে দেখা যায় যে, অত্......issioner, Narayanganj and also to the Upazila Magistrate Arai­hazar Upazila. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 79. ......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. ..

Category: Women and Children | Date: 13 Dec, 1988 | Hits: 193

Subitri Bari Vs. Assistant Custodian of Enemy Property & Additional Deputy Commissioner (Rev) Patuakhali & others, 1986, 15 CLC (HCD)

....Government was brought on record as co-plaintiff. 20. Now I pass on to the merit of the case. The learned Advocate for the petitioner has contended that the learned Additional District Judge has wrongly placed the onus of proof. A perusal of the judgment of the learned Additional District Judge...... Sabitri Barai instituted a suit being Title Suit No.397 of 1961 in the 1st Court of Munsif, Patuakhali against opposite party No.2 Surendra Nath Sen for declaration of her Title to 5175 acre of land recorded in plot Nos.7048, 7049, 7030, 7051 and 7047 appertaining to S.A. Khatian No.2071 of Mouja P...... made absolute. Cases Referred to- Bangladesh Enemy Property Management Board and others Vs. Md. Abdul Majid, 27 DLR (AD) 52; M/S. Dullchand Omraolal Vs. Bangladesh, through the Secretary, Ministry of Industries and on 33 DLR (AD) 30; Ahsan Ali Vs. District Judge, P.L.D. 1969 (SC) 167 (173......evidence that may be adduced be­fore him. Bimaleodu Bikash Roy Chowdhury J. - I, however, make no order as to cost. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 172. ..

Category: Evidence Law | Date: 16 Sep, 1986 | Hits: 259

Reajuddin and another Vs. Azimuddin@ Abdul Aziz and others, 1986, 15 CLC (HCD)

.....745 and C.S Khatian  No.749 respectively on 5th Baishakh  1361 B.S. in the benami of Kasaruddin from the said Rajendra and Khirod. As the land of C.S. Khatian No.743 & 749 was recorded wrongly in the names of Rajendra and Khirod the plaintiff filed P.S. No.201of 1956 through his benam......istha, 1344 B.S and on the same date they took settlement of 1.43 and 1.82 acres of land from C.S. Khatian  No.745 and 741 respectively from the landlord by executing a kabuliat and got the land recorded in their names in GS Khatian No.745 and 749. The rest 1.18 acres of land of C.S. Khati......s also Reported in: 39 DLR (HCD)(1987) 228. ...... in the suit land and for a declaration that the order made in vested Property case in respect of the suit land was illegal. His case was that the suite land measuring 3.15 acres appertaining to C.S. khatian No.749of Karaitala Mitha mouza along with other lands originally belonged to one Rahimuddin ..

Category: Evidence Law | Date: 3 Apr, 1986 | Hits: 8

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.                   ......, took the fol­lowing view: "It is our common knowledge that in our country when a boy is admitted into a school his actual age is not given. In almost all cases less than actual age is recorded in the admission register to facilitate the boy for getting more time to secure a job after......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......below are affirmed. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 145.                   ..

Category: Election Law, Evidence Law | Date: 12 Feb, 1986 | Hits: 4

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

....ion. Md. Abdul Jalil J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 111.               ......or Mohammad, his brothers Md. Hossain and Md. Yusuf, his uncles Amin Sharif, Abdul Motaleb and his father Monir Ahmed. The statement of ac­quitted accused Md. Hossain under section 164 Cr.P.C was recorded by Mr. Md. Atiqul Islam Chowdhury, Thana Nirbahi Officer but the statement was not made par...... 38 DLR (HCD) (1986) 111.               ......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

Md. Yeakub Kazi Vs. Kaloo KhandaKer, 1985, 14 CLC (HCD)

....e informant Md. Yeakub Kazi out of the amount of fine, if realised. Latifur Rahman J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 8.     .......R. 1929 (Allahabad) 260, the view as above finds support. It has been held that the language employed as to sentence in section 4?0 Penal Code means that a case sentence of imprison­ment must be recorded and the Court has a discretion to add or refrain from adding a fine, for, to the latter an ...... Latifur Rahman J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 8.     ......e informant Md. Yeakub Kazi out of the amount of fine, if realised. Latifur Rahman J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 8.     ..

Category: Criminal Law | Date: 27 Nov, 1985 | Hits: 3

Md. Yeakub Kazi Vs. Kaloo KhandaKer, 1985, 14 CLC (HCD)

.... thirty five thousand) be paid to the informant Md. Yeakub Kazi out of the amount of fine, if realised. Latifur Rahman, J.- I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 8. ......and AIR 1929 (Allahabad) 260, the view as above finds support It has been held that the language employed as to sentence in section 420 Penal Code means that a case sentence of imprison­ment must be recorded and the Court has a discretion to add or refrain from adding a fine, for, to the latter an ......ut of the amount of fine, if realised. Latifur Rahman, J.- I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 8. ...... thirty five thousand) be paid to the informant Md. Yeakub Kazi out of the amount of fine, if realised. Latifur Rahman, J.- I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 8. ..

Category: Criminal Law | Date: 27 Nov, 1985 | Hits: 25

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

....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.       ......e. This was inconsistent. Again, in the F.I.R. he did not say at all that any of the inmates of the house including his wife had recognised any of the appellants. It may be noted that this F.I.R. was recorded inside his house about 12 hrs. after the alleged occurrence. So if his wife had actually re.......M. Afzal J.-I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 17.       ......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

Mahmljdul Huq Vs. Golam Mowla, 1985, 14 CLC (HCD)

....h they were quashed by the learned Sessions Judge, Noakhali. Let the L.C. records be sent back immediately. Ed. This Case is also Reported in: 6 BLD (HCD) (1986) 1     ......oceeding pend­ing in a Court below ought to be quashed. Both the learned Judges agreed that the High Court has power to quash a criminal proceeding in its early stage before any evidence has been recorded. But the learned Judges differed as to whether the proceeding in question should be quashed......Noakhali. Let the L.C. records be sent back immediately. Ed. This Case is also Reported in: 6 BLD (HCD) (1986) 1     ......h they were quashed by the learned Sessions Judge, Noakhali. Let the L.C. records be sent back immediately. Ed. This Case is also Reported in: 6 BLD (HCD) (1986) 1     ..

Category: Criminal Law, Procedural Law | Date: 30 Jul, 1985 | Hits: 1

Anath Bandhu Saha & others Vs. M/S. Premier Soap Co. Ltd, 1985, 14 CLC (HCD)

....;fore hearing of the suit. 10. In my view the mark in Title Suit No.1 of 1983 is clearly dissimilar and distinguisha­ble from the mark of the plaintiff and as such the learned District Judge wrongly granted injunction against the defendants with regard to their mark. As regard the defendant......ected to dispose of the suits expeditiously preferably within two months of the arrival of the record in his court. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 135.   ......rrival of the record in his court. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 135.   ......ected to dispose of the suits expeditiously preferably within two months of the arrival of the record in his court. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 135.   ..

Category: Intellectual Property Law | Date: 11 Feb, 1985 | Hits: 7

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

.... 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.   ...... and liti­gants present that the said Munsif-Magis­trate should get practical training from him as to haw cases are filed, how deposi­tions are written, under what section depositions are recorded and matters like these. 2. That on 26-12-83 the said U.N.O. sum­moned the said Mun...... Muhammad Abdul Wahab J. — I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 26.   ...... 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

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.   ...... on Friday morning. The informant and others carried the deadbody. The informant lodged the F.I.R. on 27.3.82 at 4.45 P.M. at Mithapukur P.S. Earlier P.W.5 S.I. Ismail Hossain who was at Kotwali P.S. recorded U.D. Case No.12 on 25.3.82 after having received a report of unnatural death of the de­...... Muhammad Abdul Wahab J. — I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 53.   ......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.   ..

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.         .......................Respondent Judgment November 4, 1984. Result: Criminal Appeal No.71 of 1984 is allowed in part. Criminal Appeal No.48 of 1984 is allowed in full. When a recorded confession proves itself without calling the Magistrate who recorded it. When the conf......I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 1.         ......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)

..... 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.       ......ed and some persons. She suspected that Ansar, Bhola, Ismail, Jogesh, Razzaque and other persons may have murdered her husband. 3. P.W.12 S.I. Atiar Rahman who was O/C of Pirganj P.S. on 16-4-80 recorded the above F.I.R. He took up the investigation of the case, reached the place of occurrence ......ab J.—I agree. Ed. This Case is also Reported in: 37 DLR (HCD) (1985) 66.       ....... 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