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Santosh Mia Vs. State, 1989, 18 CLC (HCD)
....d trustworthy………………………21 Enhancement Rule Question of sentence is a matter of discretion of trial Court and when that discretion is properly exercised along with the accepted judicial line, the appellant Court should not interfere to the detriment of the acÂcused. But inter......nced to 5 (five) years rigorous imprisonment. In the result, the appeal is dismissed and the Rule is made absolute in above terms. Ed. This Case is also Reported in:42 DLR (HCD) (1990) 171. ..Category: Criminal Law | Date: | Hits: 118
Arshad and others Vs. State and another, 2010, 39 CLC (HCD)
....rder passed in connection with the Rule sands vacated. Send a copy of the judgment and order to the concerned Court below at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 233. ......rder passed in connection with the Rule sands vacated. Send a copy of the judgment and order to the concerned Court below at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 233. ..Category: Procedural Law | Date: | Hits: 108
Abul Hashem Vs. Mahmuda Khatoon & another, 2012, 41 CLC (HCD)
....edÂed to decide other matters, and recorded its decisionon maintenance and dower as stated earlier. 20. But the learned Additional District Judge, as the appellate Court, did not at all apply his judicial mind to the evidence on record. He recorded a findÂing as follows:— “বিষযà¦......h and the learned Assistant Judge and Family Court, Fulbaria, Mymensingh along with the lower Court records. No order as to costs. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 494. ..Category: Family Law | Date: | Hits: 246
Anwar Hossain (Md.) and others Vs. State and others, 2003, 32 CLC (HCD)
....u is detained and required the body of the detenu alleged to be unlawfully held in custody or restrained of his liberty to be brought before the Court that appropriate judgment may be rendered upon a judicial enquiry into the alleged unlawful restraint. The detention of a person being an encroachmen......have been met by the procedure adopted in a given case must depend to a great extent on the facts and circumstances of the case in point, the constitution of the tribunal and the rules under which it functions…………(28) Whenever any person or an authority is empowered by law to take an acti..Category: Criminal Law | Date: | Hits: 114
Md. Atiqur Rahman @ Milon and others Vs. State, 2009, 38 CLC (HCD)
....Judge and Special Tribunal Judge has not gone into the deep of the matter and rejected the application for taking jimma of the seized goods and articles and that the learned Judge failed to apply his judicial mind in appreciating the legal and factual aspect of the case. So the impugned judgment and......ction of the Court on further undertaking to produce the same to the Court on and when directed by the Court. Communicate at once. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 409. ..Category: Procedural Law | Date: | Hits: 142
Islami Bank and others Vs. Dewan Md. Yusuf, 2002, 31 CLC (HCD)
....udgment and the decree passed by the learned Court below. In view of above the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 624. ......udgment and the decree passed by the learned Court below. In view of above the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 624. ..Category: Criminal Law | Date: | Hits: 130
Khokan Kumar Saha Vs. Secretary, Ministry of Home Affairs & others, 1989, 18 CLC (HCD)
....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 such order of det......rtain G.D. Entry relating to the detenu has been disclosed and ground No.4 simply expresses that it was necessary to detain him. In ground Nos.2 and 3 it has not been specifically stated what are the functions of the "Movement" and the "Organisations" mentioned therein and as to how the detenu is as..Category: Criminal Law | Date: | Hits: 74
Md. Mostafa Rana Vs. Most. Farzana Sultana, 2009, 38 CLC (HCD)
....Learned Advocate next relied on the decision of Punjab Ali Pramanik and others Vs. Mohd. Mokarram Hossain, 29 DLR (SC) 185, wherein it has been held that: “It appears to us that the preponderant judicial view which emerges out of the authorities referred to above and with which we find ourselve......itioner to pay 50% of decreetal amount in Court, failing which, the orders impugned shall stand vacate. AKM Abdul Hakim J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 149. ..Category: Procedural Law | Date: | Hits: 154
Category: Alternative Dispute Resolution | Date: | Hits: 589
Mahmudur Rahman Nazlu Vs. State and another, 2012, 41 CLC (HCD)
....gation restoring the instant case to its file and number. Accordingly, the application is rejected. Communicate the order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 179. ......gation restoring the instant case to its file and number. Accordingly, the application is rejected. Communicate the order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 179. ..Category: Procedural Law | Date: | Hits: 167
Syeda Helali Begum and others Vs. Shanty Mary Cruez and others, 2008, 37 CLC (HCD)
.... of summons upon Defendant Nos. 18(ka)-18(gaha). Section 114(e) of The Evidence Act enjoins that Court may presume that Judicial and official acts have been regularly performed. Service of summons is judicial/official act. A presumption as to due service of summons upon Defendant nos. 18(a)-18(gaha)......fact and circumstances of the case I direct the parties to bear their respective costs. Stay granted by this Court stands vacated. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 360. ..Category: Procedural Law | Date: | Hits: 120
Md. Aftab Uddin Vs. Government of the People's Republic of Bangladesh and others, 2008, 37 CLC (HCD)
....o the writ petition, and that said Respondent No.5 filed an application for his absorption as Joint Secretary of the Legislative Drafting Wing of the Ministry of law, relinquishing his service in the judicial service cadre in the year 2000, and that in the year 1998 the Legislative Drafting Wing was......na, Dhaka. Let a copy of this judgment and order be placed before the learned Chief Justice for his perusal and necessary action. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 105. ..Category: Constitutional Law | Date: | Hits: 361
Abdul Awal and others Vs. Ratan Bibi and others, 2007, 36 CLC(HCD)
....e discretion on the Court to meet with every case of defect of parties and is not affected by the inaction of the plaintiff to bring the necessary parties on record. Addition of parties is, however a judicial discretion which is required to be exercised judiciously. In the case of Anil Kumar Vs. Shi......nths from date of receipt of the order. The order of stay granted at the time of issuance of the rule is hereby vacated. Communicate. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 41. ..Category: Property Law | Date: | Hits: 85
Shamsul Haque Vs. Court of Settlement and others, 1996, 25 CLC (HCD)
....Case No.525 of 1987 for release of the case holding and exclusion of the same from the list of the abandoned property but the respondent No.1 illegally dismissed both the cases without application of judicial mind and against the evidence on record. 5. The respondent Government did not file any w......te notification dated 23rd June, 1986 within 60 days from the receipt of the copy of the Judgment. There will be no order as to costs. Ed. This case is also Reported in:49 DLR (HCD) (1997) 469. ..Category: Property Law | Date: | Hits: 107
Shafiqul Islam (Md.) Vs. State, 1998, 27 CLC (HCD)
....ther said Noor Ali Sk is really giving shelter to the victim girl and is willing to maintain her in future and victim girl is willing to stay there. The victim girl stated that since her release from judicial custody she has been residing in the house of Noor Ali Sk, foster father of the appellant a......k be set at liberty if not wanted in connection with any other case. Let the affidavit filed by Noor Ali Sk. be kept with the record. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 581. ..Category: Criminal Law | Date: | Hits: 89
Md. Abdul Majid and others Vs. Arjat Ali Dewan and others, 2009, 38 CLC (HCD)
....ose cases are quite distinguishable to that of the instant case. Therefore, I am also unable to accept his submission to that effect. 20. In view of the discussions made above and the preponderant judicial views emerging out of the authorities referred to above, I am of the view that the impugned......rÂdance with law. Office is directed to communicate the order at once with a copy of Judgment for information and necessary action. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 297. ..Category: Procedural Law | Date: | Hits: 114
Category: Civil Law | Date: | Hits: 178
Tajul Islam and others Vs. Chini Miah and others, 2007, 36 CLC (HCD)
..... Orders of stay and ad-interim injunction granted by this Court stand vacated. Records of Courts below be sent down immediately. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 1. ....... Orders of stay and ad-interim injunction granted by this Court stand vacated. Records of Courts below be sent down immediately. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 1. ..Category: Procedural Law | Date: | Hits: 155
Esahaq Ali Mallik and another Vs. Mobarak Sheikh and others, 2009, 38 CLC (HCD)
....cceeded to prove their right, title or possession in the suit land. Therefore, I am inclined to hold that the both the Courts below erred in law in dismissing the suit without properly applying their judicial mind into the facts and circumstances of the case and law bearing on the subject and the sa...... No.14 of 1998 dismissing the suit are set aside. 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 BLC (HCD) (2011) 144. ..Category: Property Law | Date: | Hits: 100
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. ......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