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Sobhan Munshi Vs. State and another, 2010, 39 CLC (HCD)

.... with this case shall be deducted from the period of his sentence as per provisions of Section 35A of the Code of Criminal Procedure. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 37. ...... with this case shall be deducted from the period of his sentence as per provisions of Section 35A of the Code of Criminal Procedure. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 37. ......s disposed of with the modification of the sentence. Case Referred to- Jahangir Alam (Mohammad) alias Jakir Vs. The State, 56 DLR (AD) 217. Lawyers Involved: S.M. Abdur Rouf, Advocate - For the petitioner. Md. Ensan uddin Sheikh, Assistant Attorney-General with Md. Jahangir Alam and......petitioner under Section 19A and 19(f) of the Arms Act is maintained, but the sentence awarded by the Special Tribunal against the convict-petitioner under Section 19A of the Arms Act is modified and reduced the rigorous imprisonment from twenty five years to ten years. The sentence awarded against ..

Category: Criminal Law | Date: | Hits: 81

Waseq Ullah & Others Vs. Rezia Khatun and Others, 2010, 39 CLC (HCD)

....No.510 in Title Suit No.50 of 1990 is set aside. Title Suit No.50 of 1990 is dismissed. Send down the lower Court records at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 300. ......No.510 in Title Suit No.50 of 1990 is set aside. Title Suit No.50 of 1990 is dismissed. Send down the lower Court records at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 300. ...... The First Appeal No.182 and 183 of 1999 are dismissed. The First Appeal No.99 of 1999 is allowed. On adverse possession Adverse possession must be actual, visible, exclusive, hostile, notorious and confined during the time necessary to create a bar under a statute of limitations and it ......No.510 in Title Suit No.50 of 1990 is set aside. Title Suit No.50 of 1990 is dismissed. Send down the lower Court records at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 300. ..

Category: Property Law | Date: | Hits: 83

Daud Ali (Md.) and others Vs. State, 2003, 32 CLC (HCD)

....appellants Daud Ali and Rabi Biswas are directed to be set at liberty if not connected with any other case. Record be sent down. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 699. ......appellants Daud Ali and Rabi Biswas are directed to be set at liberty if not connected with any other case. Record be sent down. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 699. ......Referred to- State Vs. Lalu Mia, 39 DLR (AD) 117; Sk Shamsur Rahman @ Shamsu Vs. State, 1990 BLD (AD) 251. Lawyers Involved: Kazi Shahadat Hossain, with ASM Ahsan Kabir Chowdhury, Advocates-For the Appellant. ABM Waliur Rahman Khan with Shamima Ara Dora, Assistant Attorneys-General-For t......appellants Daud Ali and Rabi Biswas are directed to be set at liberty if not connected with any other case. Record be sent down. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 699. ..

Category: Criminal Law | Date: | Hits: 93

Md. Abdul Latif and others Vs. Mohammad Ali and others, 2008, 37 CLC (HCD)

....the Courts below stand maintained. Send down the lower Court records and a copy of the judgment and order to the Court concerned. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 132. ......the Courts below stand maintained. Send down the lower Court records and a copy of the judgment and order to the Court concerned. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 132. ......n a Partition Suit disputed questions of title may be involved and such questions are to be decided by the Court trying the suit. A mere denial by a defendant as to the title of the plaintiff in any portion of the property in a Partition Suit would not convert a Partition Suit into a declaratory sui......the Courts below stand maintained. Send down the lower Court records and a copy of the judgment and order to the Court concerned. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 132. ..

Category: Procedural Law | Date: | Hits: 115

Mahbubul Alam (Md.) Vs. Bangladesh, represented by the Secretary, Ministry of Information and others, 2009, 38 CLC (HCD)

....writ petition is not maintainable. In view of the discussions as made above, the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 728. ...... on 9-5-2002. Suddenly, he was made an Officer on Special Duly (OSD) under notification No. M1/TV-1/2-M-8/2007/298 dated 1-3-2007. After that by impugned order dated 18-3-2007 the petitioner was made retired in purported exercise of powers under section 9(2) of the Public Servants (Retirement) Act, ......ial Original Jurisdiction) Present: Md. Imman Ali J Md. Ashfaqul Islam J Mahbubul Alam (Md.)………………Petitioner Vs. Bangladesh, represented by the Secretary, Ministry of Information and others…………..Respondents Judgment January 21, 2009. Result: The Rule......writ petition is not maintainable. In view of the discussions as made above, the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 728. ..

Category: Administrative Law | Date: | Hits: 494

Ali Azam Saial and others Vs. Joynal Abedin Saial and others, 2009, 38 CLC (HCD)

....rlier by this Court stands vacated. Send down the lower Courts record and a copy of the judgment and order to the Court concerned. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 299. ......rlier by this Court stands vacated. Send down the lower Courts record and a copy of the judgment and order to the Court concerned. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 299. ......26, 2009. Result: The Rule is made absolute. The Registration Act, 1908 (Act No. XVI of 1908); sections 28 & 87 The document registered in a Sub-Registry office without having territorial jurisdiction is a nullity. The defect of jurisdiction is not merely of procedure and it is not......rlier by this Court stands vacated. Send down the lower Courts record and a copy of the judgment and order to the Court concerned. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 299. ..

Category: Administrative Law | Date: | Hits: 452

Anwar Hossain (Md.) Vs. State, 2008, 37 CLC (HCD)

....anted in any other connection. Send down the lower Court records along with a copy of the judgment expeditiously. Ed. This Case is also Reported in:   61 DLR (HCD) (2009) 671. ......anted in any other connection. Send down the lower Court records along with a copy of the judgment expeditiously. Ed. This Case is also Reported in:   61 DLR (HCD) (2009) 671. ......of criminal jurisprudence in awarding conviction followed by sentence upon an indicted person demands meditation. A legal survey of law, appraisal of evidence, browsing eye on materials brought on record, analysis of fact and circumstance of the case, inherent infirmities disturbing and striking fac......anted in any other connection. Send down the lower Court records along with a copy of the judgment expeditiously. Ed. This Case is also Reported in:   61 DLR (HCD) (2009) 671. ..

Category: Criminal Law | Date: | Hits: 74

Sadek Hossain Khoka and others Vs. Election Commission for Bangladesh and others, 2008, 37 CLC (HCD)

....he Rules in Writ Petition Nos. 9125, 9126, 9336, 9459, 9428 and 9729 all of 2008 are discharged. There will be no order as to costs. Ed. This Case is also Reported in: 61 (DLR) (HCD) (2009) 10. ......he Rules in Writ Petition Nos. 9125, 9126, 9336, 9459, 9428 and 9729 all of 2008 are discharged. There will be no order as to costs. Ed. This Case is also Reported in: 61 (DLR) (HCD) (2009) 10. ......t Division (Special Original Jurisdiction) Present: Tariq-ul-Hakim J Farah Mahbub J Sadek Hossain Khoka and others ………………………Petitioners Vs. Election Commission for Bangladesh and others………………….. Respondents Judgment December 4, 2008. Resu......he Rules in Writ Petition Nos. 9125, 9126, 9336, 9459, 9428 and 9729 all of 2008 are discharged. There will be no order as to costs. Ed. This Case is also Reported in: 61 (DLR) (HCD) (2009) 10. ..

Category: Constitutional Law | Date: | Hits: 466

Bangladesh Water Development Board Vs. MR. Sikder, 2003, 32 CLC (HCD)

....eous case No.207 of 1994 of the 3rd Court of Subordinate Judge, Dhaka stands allowed. Send down the lower Courts records at once. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 682. ......eous case No.207 of 1994 of the 3rd Court of Subordinate Judge, Dhaka stands allowed. Send down the lower Courts records at once. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 682. ......nt Judgment March 16, 17, 2003. Result: The Appeals are allowed. Cases Referred to- British Airways PLC Vs. Bangladesh Air Services Pvt. Ltd., 47 DLR 544; National Small Industries Corporation Vs. National Metal Craft, AIR 1981 (Delhi) 189; Indian Hosiery Works Vs. Bharat Woollen M......eous case No.207 of 1994 of the 3rd Court of Subordinate Judge, Dhaka stands allowed. Send down the lower Courts records at once. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 682. ..

Category: Alternative Dispute Resolution | Date: | Hits: 543

Sadiul Alam Vs. State, 2012, 41 CLC (HCD)

....s hereby quashed. Let the lower Court's record along with a copy of this Judgment be sent down to the concerned Court immediately. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 146. ......s hereby quashed. Let the lower Court's record along with a copy of this Judgment be sent down to the concerned Court immediately. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 146. ......¦â€¦â€¦â€¦â€¦â€¦Opposite Party Judgment January 11, 2012. Result: The Rule is made absolute. The Code of Criminal Procedure, 1898 (Act No. V of 1898); section 561A To bring a case for the purpose of quashing a proceeding under section 561A of the Code of Criminal Procedure, one of......s hereby quashed. Let the lower Court's record along with a copy of this Judgment be sent down to the concerned Court immediately. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 146. ..

Category: Criminal Law | Date: | Hits: 92

Pochon Rikssi Das Vs. Khuku Rani Dasi and others, 1997, 26 CLC (HCD)

.... for the services rendered by the Amici Curiae who took great pains in addressing the Court on the subject of great public importance. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 47. ...... for the services rendered by the Amici Curiae who took great pains in addressing the Court on the subject of great public importance. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 47. ......Vs. Selina Begum and State, 42 DLR 450; Adnan Afzal Vs. Capt Sher Afzal, PLD 1969 (SC) 187. Lawyers Involved: Alimuzzaman Chowdhury with Harun-ur-Rashid Khan, Giasuddin, M Salim, Ranjan Chakroborty and SN Goswami, Advocates - For the Petitioner. SS Halder with Bibash Chandra Biswas, Probir......late Court also, it appears, thoroughly considered the evidence on record and came to the concurrent finding of fact that opposite party No.1 and her child are entitled to get maintenance. But it has reduced the amount to be paid giving effect from 4-2-89. Excepting this all other findings have been..

Category: Family Law | Date: | Hits: 209

Touhid & Others Vs. State, 2006, 35 CLC (HCD)

....e to surrender learned Sessions Judge will take all steps to put him behind prison bar. Lower Court Records are sent down at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 364. ......e to surrender learned Sessions Judge will take all steps to put him behind prison bar. Lower Court Records are sent down at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 364. ......Justice Delivery System is the innocence of alleged accused and till charges are proved beyond shadow of doubt on the basis of clear cogent, credible and unimpeachable evidence, question of indicting or punishing an accused does not arise, Justice delivery system cannot be carried away by heinous na......e to surrender learned Sessions Judge will take all steps to put him behind prison bar. Lower Court Records are sent down at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 364. ..

Category: Criminal Law | Date: | Hits: 98

Md. Liton Miah alias Ripon Vs. State, 2006, 35 CLC (HCD)

....t liberty at once if not wanted in connection with any other case. 11. Lower Court's Record be sent down as immediate as possible. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 277. ......t liberty at once if not wanted in connection with any other case. 11. Lower Court's Record be sent down as immediate as possible. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 277. ......espondent Judgment November 28, 2006. Result: The appeal is allowed. Conviction and sentence under the Arms Act only on the basis of highly interested police witnesses In a charge for recovery of arms when a case has been installed and processed by the Police, they generally becom......t liberty at once if not wanted in connection with any other case. 11. Lower Court's Record be sent down as immediate as possible. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 277. ..

Category: Criminal Law | Date: | Hits: 125

Md. Abdul Wahab Sarker and others Vs. Md. Shahid Sarker and others, 2009, 38 CLC (HCD)

....ted to dispose of the suit within 6 months from the date of receipt of the records. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 94. ......ted to dispose of the suit within 6 months from the date of receipt of the records. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 94. ...... Vs. Md. Shahid Sarker and others…………………….Opposite Parties Judgment August 7, 2009. Result: The rule is made absolute. Cases Referred to- Santosh Kumar Chakraborty Vs. M.A. Motaleb Hossain and another, 1985 BLD (AD) 59; Keshab Chandra Vs. Baliganj Estate Pvt.......ted to dispose of the suit within 6 months from the date of receipt of the records. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 94. ..

Category: Procedural Law | Date: | Hits: 133

Bangladesh Vs. Shudhir Chandra Nath, 2011, 40 CLC (HCD)

....al power. In the result the revision fails and the Rule is discharged without any order as to cost. Send down the LCR at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 309. ......al power. In the result the revision fails and the Rule is discharged without any order as to cost. Send down the LCR at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 309. ......5(1) A Court of revi­sion under section 115(1) CPC can interfere with the findings of fact as the final Court of facts only in exceptional circumstances when the findings are shockingly perverse or these are vitiated by non reading and misreading of the material evidence or mis-construction of ......al power. In the result the revision fails and the Rule is discharged without any order as to cost. Send down the LCR at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 309. ..

Category: Procedural Law | Date: | Hits: 111

Mustaq Ahmed Vs. State, 2010, 39 CLC (HCD)

....erence thereof in her Service Book. The office is directed to communicate the Order and send down the lower Court records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 301. ......erence thereof in her Service Book. The office is directed to communicate the Order and send down the lower Court records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 301. ......ode, 1860 (XLV of 1860); ss. 383, 384, 386, 387 The application of sections 386 and 387 of the Penal Code are confined to cases which remain only upto the stage of 'threat', but once the act of extortion is actually committed, sec­tions 383 and 384 of the Penal Code come into play……………......erence thereof in her Service Book. The office is directed to communicate the Order and send down the lower Court records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 301. ..

Category: Criminal Law | Date: | Hits: 62

Government of the People's Republic of Bangladesh Vs. Altaf Hossain and others, 2009, 38 CLC (HCD)

....No.117 of 1993 is hereby upheld. The order of status quo granted earlier by this Court is hereby vacated. Send down the LCR at once. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 81. ......No.117 of 1993 is hereby upheld. The order of status quo granted earlier by this Court is hereby vacated. Send down the LCR at once. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 81. ......ndings of fact can not be interfered with by the High Court Division under Section 115 of the Code of Civil Procedure except where there is no mis­reading and misappreciation of the evi­dence on record………………………….(11) Law on vested property Before enlisting the property a......No.117 of 1993 is hereby upheld. The order of status quo granted earlier by this Court is hereby vacated. Send down the LCR at once. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 81. ..

Category: Property Law | Date: | Hits: 96

Sree Sree Moha Prabhu and Sree Sree Gopal Jew Deities Vs. Biresh Ranjan Dhar and others, 2009, 38 CLC (HCD)

.... and decree given at time of issuance of rule is vacated. The office is directed to send down the lower Courts records immediately. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 51. ...... and decree given at time of issuance of rule is vacated. The office is directed to send down the lower Courts records immediately. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 51. ...... November 12, 15, 2009. Result: The Rule is discharged. Case Referred to- Radha Nath Mukherjee Vs. Saktipada Mukherjee, (1936) 58. All. Lawyers Involved: Fazlul Haque, Advocate - For the petitioner. Dr. Rafiqur Rahman, Advocate - For the Opposite Parties. Civil Revision No....... and decree given at time of issuance of rule is vacated. The office is directed to send down the lower Courts records immediately. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 51. ..

Category: Property Law | Date: | Hits: 102

Mirja @ Mizan Vs. State, 2007, 36 CLC (HCD)

....on and sentence dated 30.07.2005 is set aside only as regards accused appellant Mirza alias Mizan. Send down the copy of judgment. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 256. ......on and sentence dated 30.07.2005 is set aside only as regards accused appellant Mirza alias Mizan. Send down the copy of judgment. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 256. ......ay 8, 2007. Result: The appeal is allowed. The Arms Act, 1878 (Act No. XI of 1878); Section 19A and (f) Mere knowledge about any arms and ammunition is not enough to make someone liable for conviction under Section 19A and (f) of the Arms Act. The accused must have control and possessio......on and sentence dated 30.07.2005 is set aside only as regards accused appellant Mirza alias Mizan. Send down the copy of judgment. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 256. ..

Category: Criminal Law | Date: | Hits: 65

Rezia Khatun Chowdhurani and others Vs. Shamir Kumar Chowdhury and others, 2008, 37 CLC (HCD)

.... these Rules. In the result, these Rules are discharged without any order as to costs. Send down the lower Court records. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 131. ...... these Rules. In the result, these Rules are discharged without any order as to costs. Send down the lower Court records. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 131. ......…………. Petitioners Vs. Shamir Kumar Chowdhury and others………………. Opposite Parties Judgment  December 17, 2008. Result: These Rules are discharged without any order as to costs. Specific performance of contract Where a party seeks to enforce specific pe...... these Rules. In the result, these Rules are discharged without any order as to costs. Send down the lower Court records. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 131. ..

Category: Civil Law | Date: | Hits: 138