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State Vs. Abdus Samad @ Samad Ali, 2002, 31 CLC (HCD)
....f the matter, the Reference is rejected and the connected jail appeal is dismissed with the modification of sentence as stated above. Ed. This Case is also Reported in: 54 DLR (2002) 590. ......nnected jail appeal is dismissed with the modification of sentence as stated above. Ed. This Case is also Reported in: 54 DLR (2002) 590. ......s order dated 27-5-96 fixed 19-6-96 for production warrant. Thereafter, PWs 5 to 19 were examined by the prosecution and cross-examined by the State defence lawyer. After the close of the prosecution evidence, the condemned prisoner was examined under section 342 of the Code of Criminal Procedure wh..Category: Criminal Law | Date: 2 Feb, 2002 | Hits: 115
Moni Begum @ Moni Vs. The State, Represented by the Deputy Commissioner, 2001, 30 CLC (HCD)
....gistrate Dhaka in Complaint case No.1807 of 1999 and complaint case No.2261 of 2000 in the absence of the High Police Officer and Police representative. Ed. This case is also Reported in: ......omplaint case No.2261 of 2000 in the absence of the High Police Officer and Police representative. Ed. This case is also Reported in: ......s. The Metropolitan Magistrate by order dated 4.3.2001 ordered for sending notice upon Police Commissioner, Dhaka Metropolitan Police for sending a Police Officer for his presence during recording of evidence of witnesses. 16. The Complainant-petitioner, thereafter, filed a petition objecting t..Category: Constitutional Law, Procedural Law | Date: 11 Dec, 2001 | Hits: 7
KM Obaidur Rahman Vs. State, 2003, 32 CLC (AD).
....ithout any excuse and in case of his failure the trial Court will be at liberty to cancel the bail and take the appellant into custody and proceed with the case in accordance with law. Ed. ......Court will be at liberty to cancel the bail and take the appellant into custody and proceed with the case in accordance with law. Ed. ......secution has probably lost interest in the c reasons best known to them. However according to prosecution, at least 5/6 witnesses implicated the Appellant simply on the ground that there is no direct evidence against this appellant we are not inclined to enlarge the appellant on bail. 9..Category: Criminal Law | Date: 1 Dec, 2001 | Hits: 83
Bangladesh Legal Aid and Services Trust and another Vs. Bangladesh and others, 2001, 30 CLC (HCD)
....em to discuss on “The Children Act, 1974” with judicial officials working under their respective judgeship. Ed. This Case is also Reported in: 22 BLD (HCD) 2002, 206; 7 BLC (2002) HCD, 85. ......cial officials working under their respective judgeship. Ed. This Case is also Reported in: 22 BLD (HCD) 2002, 206; 7 BLC (2002) HCD, 85. ......ithout jurisdiction and violative of the fundamental rights guaranteed by Article, 35 of the Constitution. The learned Advocate further submitted that apart from jurisdiction point it is a case of no evidence as there is no eye witness of the occurrence. The conviction and sentence of the petitioner..Category: Women and Children | Date: 6 Nov, 2001 | Hits: 75
Chief Engineer, C & B and another Vs. Shah Hingul Mazar Sharif and others, 2001, 30 CLC (AD)
.... the respective parties would remain open to be decided in an appropriate forum. With this observation this petition is disposed of. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 73. ......forum. With this observation this petition is disposed of. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 73. ......in the name of the Government and the plaintiff is in unauthorised possession of the suit land and so the Government is trying to get back the property. 4. The learned Assistant Judge after taking evidence decreed the suit for permanent injunction against which T Appeal No.376 of 1993 was filed b..Category: Trust/Waqf Law | Date: 9 Aug, 2001 | Hits: 211
Dudu Mia and others Vs. Ekram Miah Chowdhury and others, 2002, 31 CLC (AD)
....r Class Suit No. 1969 are restored. There is no order as to costs. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 7. ...... (AD) (2002) 7. ......that they would be required to grant receipt to the Eksona tenants of the plaintiff and the defendant used those papers in the said Rent Suit No. 732 of 1954, but not a word stated by the PW 1 in his evidence with regard to those allegations. The plaintiff was a party in the said Rent Suit and also ..Category: Civil Law | Date: 5 Aug, 2001 | Hits: 136
Mohashin Ali Pramanik Vs. State, 2001, 30 CLC (HCD)
....to accused petitioner is restored. The accused petitioner be released on bail on the same bail bond furnished by him on 3‑5‑2000. Ed. This Case is also Reported in: 55 DLR (2003) 259. ......tioner be released on bail on the same bail bond furnished by him on 3‑5‑2000. Ed. This Case is also Reported in: 55 DLR (2003) 259. ......ed Sessions Judge for cancellation of bail of accused-petitioner. Grounds pressed for cancellation of bail were that accused-petitioner having been enlarged on bail had been attempting to tamper with evidence and had been hampering the due process of investigation and truth would remain in dark and ..Category: Criminal Law | Date: 3 Jun, 2001 | Hits: 46
Abdur Noor and others Vs. Mahmood Ali and others, 2002, 31 CLC (AD)
.... interference. There is, therefore, no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 67. ....... Ed. This Case is also Reported in: 54 DLR (AD) (2002) 67. ......t and the rent for the month of Magh 1391 BS was sent by money order which was returned on 26th February, 1985. The contesting defendant prayed for dismissal of the suit. 4. On taking evidence the learned SCC Judge decreed the suit holding that the plaintiff bonafide required the sui..Category: Tenancy Law | Date: 3 Jun, 2001 | Hits: 75
Government of Bangladesh Vs. Mirpur Semipucca (Tin-shed) Kalayan Samity & others, 2001, 30 CLC (HCD)
.... documents are photo copies of the originals of which were not called for and secondly, these documents are confidential official letters beyond the access of the plaintiffs, the contents thereof are inadmissible evidence in the absence of originals. Despite the fact that no objection was raised at ...... guidance. Ed This Case is also Reported in: 54 DLR (2002) 364. ......uld be executed after observing legal formalities and that the allottees having accepted the said terms, offer letters were issued to them. 5. The learned Subordinate Judge, consideration of the evidence on record, decreed the suit and declared that the fixation of valuation of structures in th..Category: Evidence Law | Date: 21 May, 2001 | Hits: 183
Hosna Ara Begum others Vs. Montaj Ali and ors. 2003, 32 CLC (AD).
....sion in Civil Revision No. 1200 of 1996 are set aside and the judgement and decree dated 8-11-1995 passed by the SCC Judge, Sadar, Sylhet, in SCC Suit No. 3 of 1992 are restored. Ed. ......ar, Sylhet, in SCC Suit No. 3 of 1992 are restored. Ed. ......nd others...............Respond Judgment January 15, 2001. The Code of Civil Procedure, 1908 (v of 1908) Order XLI rule 23 Where the evidence has been duly placed before the trial court and it has decided the suit on merit the revi..Category: Civil Law | Date: 15 Jan, 2001 | Hits: 163
Abu Zafar Tipu Vs. Syed Abu Siddique, 2000, 29 CLC (HCD)
....C.R. Case No.3643/98 (T.R.No.97/99) now pending in the Court of Chief Metropolitan Magistrate, Dhaka is hereby quashed. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 93. ......urt of Chief Metropolitan Magistrate, Dhaka is hereby quashed. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 93. ......complainant who went abroad for treatment, the petitioner misappropriated huge amount of Tk. 86,00,232/- of the company. Thereafter, an Arbitration Board was constituted and the Board after taking evidence of both sides found that the accused petitioner misappropriated the above amount while he ..Category: Procedural Law | Date: 16 Nov, 2000 | Hits: 3
Azibor Mollick Vs. State, 2000, 29 CLC (HCD)
....ent petitioner is quashed. Let the convict-petitioner Azibor Mollick be set at liberty at once if not wanted in any other connection. Ed. This case is also Reported in: 52 DLR (2000) 576. ......er Azibor Mollick be set at liberty at once if not wanted in any other connection. Ed. This case is also Reported in: 52 DLR (2000) 576. ......corded under section 164 of the Code of Criminal Procedure. So, according to him, the conviction relying on such a statement was not legal and further, according to him, the conviction is based on no evidence. 3. The learned Deputy Attorney-General conceded that when the victim was also examine..Category: Women and Children | Date: 9 Aug, 2000 | Hits: 82
State Vs. Babul Hossain, 2000, 29 CLC (HCD)
....t an advance order of release in respect of the condemned prisoners be sent to the District Magistrate, Chandpur. Send down the records. Ed. This Case is also Reported in: 52 DLR (2000) 400. ...... condemned prisoners be sent to the District Magistrate, Chandpur. Send down the records. Ed. This Case is also Reported in: 52 DLR (2000) 400. ......6, on the day of Sabe-Barat she showed her cloth to her husband and that requested her husband to buy cloth for her; that after telling that the women could not talk any more. 15. As seen from the evidence that after stating that the witness stated that the woman further stated that at one stage ..Category: Women and Children | Date: 4 May, 2000 | Hits: 115
Golam Rahman (Md.) Vs. Md. Bazlur Rahman (Babu) and one other, 1999, 28 CLC (HCD)
.... dispose of the as expeditiously as possible preferably within six months from the date of receipt of the judgment this Court. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 566. ......ably within six months from the date of receipt of the judgment this Court. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 566. ......ue compliance of the order of the learned Magistrate submitted his investigation report on 4-7-1994 (Annexure-B to the petition). In his report he stated that after investigation he found prima facie evidence about the allegations made by the complainant in his petition of complaint against the accu..Category: Criminal Law | Date: 2 Dec, 1999 | Hits: 46
Parveen and another Vs. State, 1999, 18 CLC (HCD)
....645 of 1999 is accordingly disposed of. Let the records of sessions case No.98 of 1999 be sent back to the Court below at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 473. ......cords of sessions case No.98 of 1999 be sent back to the Court below at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 473. ......n in the case of Muhammad Farooq Vs. State, 8 DLR (SC) 135. In this case it was observed by their Lordships that it is clear that where an accused person is charged with one offence and it appears in evidence that he committed a different offence for which he might have been charged in respect of a ..Category: Women and Children | Date: 6 Jul, 1999 | Hits: 143
Hussain Mohammad Ershad Vs. The State, 1991, 20 CLC (AD)
.... law or that, prima facie, it does not attract the provision of the Arms Act, 1878. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 50. ......e provision of the Arms Act, 1878. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 50. ......ized, and whether the case of the petitioner falls within the immunity and the petitioner is entitled to avail of the scope of amnesty are questions of fact and be decided at the time of the trial on evidence and on comparison and verification of the seized arms with those that are exempted under th..Category: Criminal Law | Date: 26 Feb, 1999 | Hits: 58
Hefzur Rahman (Md.) Vs. Shamsun Nahar Begum and another,
....ppeal. I would therefore refrain from expressing any opinion thereon. Accordingly, I too would allow the appeal. Ed. This Case is also Reported in: 51 DLR (AD)(1999) 172. ......ther…………………………………… Respondents Judgment December 3, 1998. (i) Muslim Law-Divorce and Maintenance-Meaning of ‘Mataa’ Per A.T.M. Afzal CJ: Mataa is something to which a div......on Bench the defendant-appellant was not represented by his engaged Advocate. 11. The learned Judges of the High Court Division found in the impugned judgment that the parties did not adduce any evidence upon which the amount of monthly maintenance can be determined and fixed, but the Court was..Category: Family Law | Date: 3 Dec, 1998 | Hits: 2262
Firoz Miah Vs. State, 1998, 27 CLC (HCD)
....r bail of the appellant which may be filed on behalf of the appellant after receipt of the record. Send down the LC Records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 37.......lf of the appellant after receipt of the record. Send down the LC Records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 37.......g poison as a result of her mental agony because her father took a second wife after divorcing her (Sahara’s) mother. Their further case is that no dowry was demanded by them. After the prosecution evidence was closed, the accused persons were examined under section 342 of the Cr.P.C. Then the acc..Category: Women and Children | Date: 30 Nov, 1998 | Hits: 103
....out lawful authority and to be of no legal effect.
In the result, the Rule is made absolute without any order as to costs.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 421.
...... the result, the Rule is made absolute without any order as to costs.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 421.
......binet Division that investigation and punishment should not be undertaken or given on the basis of anonymous letter against Government Servants unless there is specific mention about the incident and evidence that the public servants are involved in such cases. It is apparent from the Annexure itsel..
Category: Anti-Corruption Laws | Date: 15 Nov, 1998 | Hits: 181
Dr. Mominur Rahman alias Zinna and another Vs. State, 1998, 27 CLC (HCD)
.... are recalled and the petitioners/petitioner of the respective Rule are/is directed to surrender to their respective bail bond. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 577. ......e respective Rule are/is directed to surrender to their respective bail bond. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 577. ......of the said Ain which is punishable with imprisonment for life or imprisonment upto 14 years which shall not be less than 5 years. Before the petitioners/petitioner enter upon defence and adduce evidence it is not possible at this stage to decide which version of the case is true or false. ..Category: Women and Children | Date: 2 Jun, 1998 | Hits: 111
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