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Dr. Malik Mehdi Kabir and others Vs. Rabit-Al-Alam-Al-Islami and others, 2010, 39 CLC (AD)

....ely in the Government free from all encumbrances" under section 11 of the Ordinance. The High Court Division did not express any independent opinion on the point of violation of sections 12 and 15 on simple reasons that this Division has settled the point in Subash Chandra Das and in Civil petition ...... other appeal being Civil Appeal No.59 of 2006 is disposed of with the above observations. Ed. This Case is also Reported in: 16 MLR (AD) (2010) 273, 8 LG (AD) (2011) 177, VIII ADC (2011) 652. ..

Category: Property Law | Date: | Hits: 93

State Vs. Azharul Islam alias Badal and another, 2009, 38 CLC (AD)

....and order and there is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 19 BLT (AD) (2011)166.......nd since there is no contradiction in his evidence as well as in his statement given to the Magistrate and also to the investigating officer as to the material particulars and regarding the nature of injuries as inflicted upon the victim is consistent with the medical report, the High Court Division..

Category: Criminal Law | Date: | Hits: 56

MA Hashem Vs. Shamsul Kabir Humayun Reza and anothers, 2011, 40 CLC (HCD)

.... Gulshan being plot No. CWN (B) 34, New plot No.113 of the lay out plan of Gulshan Residential Model Town prepared by erstwhile DIT and at present Rajdhani Unna­yan Kartripakkha (RAJUK). 10. In a simple suit for Specific Perfor­mance of Contract, the activities of the parties led to so many kno......or or defect in the decisions on merit. Thus, the appeals having no merit, its fail. In the result, all these appeals are dismissed. Ed. This Case is also Reported in: 16 BLC (2011) 830. ..

Category: Property Law | Date: | Hits: 100

State Vs. Shahin and others, 2010, 39 CLC (HCD)

....entence. Accused Shahin will get the benefit of section 35A of the Code of Criminal Procedure. Send down the lower Court record at once. Ed. This Case is also Reported in: 16 BLC (2011) 772. ......with hammer assaulted on his legs causing bleeding injures; All the accused persons also assaulted on his body indiscriminately, Biplob was taken to Manikganj Sadar Hospital where he succumbed to his injuries at about 10-00 PM on that day. 3. P.W. 21, Md. Shamsul Haque, being the investigating of..

Category: Criminal Law | Date: | Hits: 76

HM Ershad Vs. The State, 1992, 21 CLC (HCD)

....tion in expressing our view at this stage while we are concerned only with the justification or otherwise of framing of the further charge. 8. Though the matter appears to be apparently short and simple we had to bear with the learned Counsel Mr. Moudud Ahmed and the learned Attorney‑General M......ions of ours will not touch the merit of the case in any manner whatsoever. Let the records of the case be sent down immediately. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 533. ..

Category: Criminal Law | Date: | Hits: 286

Sher Mohammad and others Vs. Saroda Bala Sen and others, 1993, 22 CLC (HCD)

....in the suit. Moreso, when the defendant tenant has denied the title of the plaintiff and set up the petitioners as landlord. He submits that as a result of the defendant's claim the suit has lost its simple character of being an ejectment suit and now "involves adjudication of title incidentally and...... Accordingly the Rule is discharged. The stay granted earlier is hereby vacated. Communicate this order to the lower Court at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 527...

Category: Property Law | Date: | Hits: 50

Kulsum Banu Bibi and another Vs. Abdul Jobbar Bhuiyan and others, 2009, 38 CLC (AD)

....r declaration of title has been decreed. 3. The plaintiff-appellant hereof filed the Title Suit No.28 of 2004 in the Court of Senior Assistant Judge, Kashba, Brahmanbaria, praying for a decree for simple declaration of title in the suit land. 4. The trial court on consideration of the material......on. In the premises we do not find any merit in the leave petition. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 19 BLT (AD) (2011) 180. ..

Category: Property Law | Date: | Hits: 94

Md. Azizul Haque Vs. Adamjee Jute Mills Ltd., 2010, 39 CLC (HCD)

.... suit arose firstly on 13.9.82 but the suit was filed on 6.7.1986 and in that view of the matter the suit was clearly barred by law of limitation but the Courts below having failed to appreciate this simple question of law and thereby most illegally decreed the suit in favour of the plaintiff and as......he plaintiff opposite party's suit is dismissed. Let a copy of the judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 236. ..

Category: Civil Law | Date: | Hits: 97

Taslimuddin alias Tasir and others Vs. State, 1991, 20 CLC (HCD)

....lias Tasir, Nawshad Ali, Mafazzal Hossain and Abdus Salam be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 136....... and at the place alleged by the prosecution and also about the involvement of the convict appellants. Mr. M Zinnah Azad who held the post mortem examination on the dead body also found the following injuries: "One swelling in the right occipataparital region of the head. On dissection extea vass..

Category: Criminal Law | Date: | Hits: 76

Sunil Chandra Chowdhury Vs. Elders Limited and another, 2011, 40 CLC (AD)

....-2-2002 passed by the High Court Division in Contempt Petition No.3 of 2001 holding the appellant guilty of the Contempt of Court and sentencing him to pay a fine of Taka 2,000, in default, to suffer simple imprisonment for 15(fifteen) days be set aside. Ed. This Case is also Reported in: 64 DL......pt of Court and sentencing him to pay a fine of Taka 2,000, in default, to suffer simple imprisonment for 15(fifteen) days be set aside. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 11. ..

Category: Intellectual Property Law | Date: | Hits: 270

State Vs. Ashraf Ali and others, 2009, 38 CLC (HCD)

.... alias Ripon and Abdul Jalil alias Shimul. Send down the lower Court record at once. Mashuque Hosain Ahmed J.-I agree. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 310.  ......defence that he did not record the statement properly and applying judicial mind. P.W. 18 Doctor Abdul Kalam Azad, the Residential Medical Officer, held the post mortem and he found the following injuries: 1. Incised injury over frontal head 04"X01"X bony injury. 2. Incised injury over an..

Category: Criminal Law | Date: | Hits: 82

Khapan Bittahin Co-operative Society Ltd. Vs. Nagendra Mahisya Das, Secretary, Nijkurua Matsyajibi Samabaya Samity Ltd. and others, 1991, 20 CLC (HCD)

....of the Procedure. If this view be not correct, then, the High Court will be completely bereft of the power of review even in respect of a decree or order made under the provisions of the Code for the simple reason that, for the purpose of appeal, such a decree or order and an order made by a High Co......Petition No.2551 of 1990 is set aside and consequently the Rule in the said Writ Petition is discharged. There is no order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 502...

Category: Civil Law | Date: | Hits: 87

Nurul Islam Vs. Morshedul Alam and Others, 2011, 40 CLC (AD)

....In this state of affairs, no exception can be taken to the impugned judgment of the High Court Division when it did not take the judgment, Exhibit-(M-2), into consideration and did not rely on it. In simple terms, it can be said that a judgment is not binding against a person who is not a party to t......ce with the impugned judgment and decree. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 64 DLR (AD)(2012) 3, 32 BLD (AD) (2012) 25. ..

Category: Property Law | Date: | Hits: 116

Barrister Nazmul Huda and another Vs. State and another, 2011, 40 CLC (HCD)

....to confiscate the gratification of Tk. 2,40,00,000/- to the State and also convicting the appellant No.2, Sigma Huda under Sections 161/109 of the Penal Code and sentencing her thereun­der to suffer simple imprisonment for 3(three) years. 2. The prosecution case in brief is that, one Shafiqul Is......n the L.C. records along with a copy of this Judgment and order to the Court concerned immediately for information and necessary action. Ed.This Case is also Reported in: 16 MLR (HCD) (2011) 381. ..

Category: Criminal Law | Date: | Hits: 101

Sanwar Hossain Vs. State, 1993, 22 CLC (HCD)

.... as deposed by P.W.2 and seeing the deceased in the company of the accused‑convicts by P.Ws. 3, 4 and 7 on the said date between 8‑00 and 11‑00 PM was an after‑thought, a concoction, pure and simple. 35. Now even if it is believed that the accused‑convicts called away the deceased from ......aken away by the police to Narayanganj morgue for post‑mortem examination. On getting this information they went to the morgue, identified the beheaded dead body as that of Khasru and they also saw injuries on the various parts of the dead body inflicted by sharp cutting weapon. Thereafter, P.W.1 ..

Category: Criminal Law | Date: | Hits: 91

State Vs. Sabu and others, 2009, 38 CLC (AD)

.... 9. Under the circumstances, we find no merit in the submissions made on behalf of the petitioner. Accordingly, this petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 445....... that he is enough to punish Sabu for the occurrence. On the next evening, he was waylaid by the accuseds and he was removed to the hospital in a severely injured condition. There he succumbed to his injuries at about 10 p.m. in the night following 23.04.2001. 3. The learned Judge in the Court of..

Category: Criminal Law | Date: | Hits: 71

State Vs. Golam Sabbir Shown, 2011, 40 CLC (AD)

....no cogent ground to interfere with the discretionary power exercised by the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 443.......After the said incident 2(two) motor cycles were found to leave that place speedily. Leaders and workers of the Bangladesh Nationalist Party were running hither and thither when two workers sustained injuries due to explosion. The Party Workers present there told that before the occurrence the membe..

Category: Criminal Law | Date: | Hits: 98

Mohibur Rahman Vs. Kuti Miah and State, 1991, 20 CLC (HCD)

....istrate. In the result, the rule is made absolute and the impugned order passed by the learned Sessions Judge is hereby set aside. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 112. ......luding the two petitioners being armed with dangerous weapons, such as, dao, lathi, fikol etc. attacked the informant and his cousin Omer Ali and assaulted them severely causing death of Omer Ali and injuries on the persons of the informant and some other people who came to their rescue. The occurre..

Category: Criminal Law | Date: | Hits: 89

Ayub Ali Mohaldar Vs. Md. Shahjahan and others, 1990, 19 CLC (HCD)

....iary with not much experience about the contempt proceeding and he could not fully understand the significance of the lawyer's certificate. We, however, do not agree with the learned Advocate for the simple reason that a person in judiciary must be deemed to be acquainted with the law of contempt an......e Rule is made absoluteas against opposite-party contemner No.1 and discharged as against the order opposite-party contemner Nos.2-4. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 101. ..

Category: Criminal Law | Date: | Hits: 84

Akhtar Hossain alias, Babul Akhtar alias, Akhtar Ali and another Vs. The State, 1991, 20 CLC (HCD)

....nst them. It is directed that the condemned prisoners be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 83. ......decomposed. The constable P.W. Akbar Hossain identified the dead body as that of an unknown female aged about 30 years. While holding autopsy the doctor found that it was a skeleton with severed head injuries. He found that the injuries were caused by a sharp cutting weapon. The doctor holding postâ..

Category: Criminal Law | Date: | Hits: 110