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Pannu Mollah & anr. Vs. State, 2004, 33 CLC (AD)
....e eye of law. 7. Mr. Malek lastly, contended that the prosecution to prove the allegation that the 2 persons who fled away from the place of occurrence were the appellants relying on the statement of co-accused made to police party, which is inadmissible in evidence, and, as such, ......ssed in Special Tribunal Case No. 100 of 1996 is quashed insofar as the same relates to the appellants. The appellants are set at liberty if not wanted in any other connection. Ed. ..Category: Criminal Law | Date: 3 Jan, 2003 | Hits: 84
Captain (Rtd.) Nurul Huda Vs. State, 2003, 32 CLC (AD).
.... the appellant is entitled to be released on bail and that the High Court Division failed to consider while refusing the prayer for bail that the appellant has been suffering from enlarged prostate gland and problems in his urinary track and also suffering from mental depression for being i......ed in connection with any other case. In the result this appeal is allowed. Ed. This Case is also Reported in: IV ADC (2007) 691. ..Category: Criminal Law | Date: 1 Dec, 2002 | Hits: 123
Cinmoy Chowdhury and another Vs. Mridul Chowdhury and Others, 2003, 32 CLC (AD).
....egory of properties, although the same was held in the names of Hari Mohan and his wife Malati Prova Chowdhury, the defendant No. 11. The plaintiff claims 1/2 share in the suit properties; It is also stated by the plaintiff that when the appellants initiated a proceeding for succession certificate o......ils and is dismissed without any order as to costs. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 115. ..Category: Property Law | Date: 25 Nov, 2002 | Hits: 87
Tarak Chandra Majhi Vs. Atahar Ali Howlader and others, 2002, 31 CLC (AD)
....nt and writing in the contentious documents with the admitted writing and signature of the parties to the document and arrived at the finding as to the genuineness of the document and in the said state of the matter the Privy Council had held so. From the Bar the case of Pratik Bandhu Roy and ot...... judgment and decree of the appellate court is restored. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 481; 8 MLR (AD) 209, 8 BLC (AD) 67. ..Category: Evidence Law | Date: 18 Nov, 2002 | Hits: 74
Ahmed Impex (Pvt) Ltd. & others Vs. Moqbul Ahmed & others, 2002, 31 CLC (AD)
....mits that the debit vouchers Exhibits I and J were disbelieved on mere surmise and not on the evidence on record. He also submits that the learned Company Judge did not deal with Exhibit 3, a written statement filed by the appellants in a money suit, in which they clearly acknowledge on 10‑6‑198......ntly omitted their names from the register of shareholders of the company. The company being a family concern the respondents reposed trust in Tofayel Ahmed, but he always kept them in dark about the affairs of the company. On 16‑11‑1986 Tofayel Ahmed obtained signatures of the respondents upon ..Category: Business or Commercial Law | Date: 5 Nov, 2002 | Hits: 208
Government of Bangladesh and another Vs. MA Khair Bhuiyan, 2003, 32 CLC (AD).
.... report; that the National Board of Revenue got further information about foul play and formed Enquiry Board for investigation into the matter. The Enquiry Board visited the place of occurrence, took statement of persons connected in the matter, examined the relevant records and after observing all ......e appeal in accordance with law. In the result, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 76. ..Category: Civil Law | Date: 4 Nov, 2002 | Hits: 152
Abdus Sobhan Biswas Vs. State, 2002, 31 CLC (HCD)
....e scene of the said occurrence, prepared sketch map with separate index, seized alamats by preparing seizure list, produced the victim before Medical Officer for holding medical examination, recorded statements of the prosecution witnesses under section 161 of the Criminal Procedure Code and finally......Send down the LC records along with a copy of this judgment to the trial Court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 54 DLR (2002) 556. ..Category: Women and Children | Date: 11 Aug, 2002 | Hits: 77
Sirajul Islam (Md.) and others Vs. State, 2002, 31 CLC (HCD)
....n of his sister but could not recognise the other accused persons. Accordingly, Lohagara Police Station Case No.2 dated 5‑1‑1995 under sections 448 and 366 of the Penal Code was started. It is stated that the victim Hasina Begum made statement under section 164 of the Code of Criminal Proced......as been pending for a long time the concerned Special Tribunal, Chittagong is hereby directed to dispose of the same expeditiously. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 536. ..Category: Women and Children | Date: 5 Aug, 2002 | Hits: 219
Kalu Sheikh alias Kalam Sheikh and others Vs. State, 2002, 31 CLC (HCD)
....f the appeal. 9. None appears on behalf of the State to oppose the appeal. 10. P.W. 1 Shantoshi Rani Saha is the mother of deceased Shaymol Kanti Saha and the informant of the case. She has stated in her examination-in-chief that accused Anwar, Kalu, Selim, Samir and another assaulted her ......against them and they are hereby discharged from their respective bail bond. Send down the lower Court records immediately. Ed. This Case is also Reported in: 54 DLR (HCD) (2002) 502 ..Category: Criminal Law, Evidence Law | Date: 31 Jul, 2002 | Hits: 2
Zilaluddin (Md.) Vs. Secretary, Ministry of Home Affairs & others, 2002, 31 CLC (HCD)
....laluddin challenging the detention order of detenu Mahbubur Rahman. I found nothing in the petition about the locus standi of the petitioner to challenge the detention order of detenu and there is no statement to the effect that he was authorised by the detenu to place the application before this Co......nj, Dhaka now detained in Dhaka Central Jail, Dhaka be set at liberty at once, if not wanted in connection with any other case. Ed. This Case is also Reported in: 54 DLR (HCD) (2002) 625. ..Category: Criminal Law | Date: 29 Jul, 2002 | Hits: 2
Shishir Kanti Pal and others Vs. Nur Muhammad and others, 2002, 31 CLC (AD)
....ties in schedule 'A' "cannot be given any consideration in the absence of reliable and competent witnesses in this regard." It may be mentioned Witness deposed on behalf of the defendant No. 1 has stated that he has no personal knowledge as regard possession of the property in any respect. The t......sion made herein above we find no substance in this petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 39. ..Category: Civil Law | Date: 27 Jul, 2002 | Hits: 175
Amir Hossain Vs. Homeland Footwear Ltd. and others, 2002, 31 CLC (HCD)
....respondent-company took Taka 45,07,386.00 from the petitioner during the period from 11th March, 1999 to 31st December, 1999. In acknowledgment of the receipt of the said amount, the company issued a statement of accounts (Annexure A) on 8th May, 2000, in favour of the petitioner, which shows that t...... on the prayer of Mr. Imtiaz Mahmud, Advocate, let the operation of this judgment be stayed for a period of three months from date. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 478. ..Category: Company Law | Date: 21 Jul, 2002 | Hits: 226
Goutam Chandra Das alias Goutam Kumar Das Vs. State, 2002, 31 CLC (HCD)
....informant and provide her maintenance cost and in the future he would not demand any dowry from the victim-informant. At that time accused persons became annoyed and demanded dowry as before and also stated that he would not divorce the said Panna Rani Chakraborty. There was a scuffle and the accuse......at No.2 Jhalakati, in Nari-o-Shishu Case No.40 of 1999 is hereby set aside. Send down the lower Court record expeditiously. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 527. ..Category: Women and Children | Date: 20 Jul, 2002 | Hits: 173
BD rep. by the Sec. Min. of Works & ors. Vs. Kazi Ashrafuddin Ahmed, 2003, 32 CLC (AD).
....ed person under the President Order No. 16 of 1972 and the Rules framed thereunder shall service notice for taking over possession of the property being considered/treated as abandoned property is to state in the notice in Form II specifically the name of the owner of the property or that the person......e in the submission of the learned Additional Attorney-General for our interference with the impugned judgment of the High Court Division. The petition is dismissed. Ed. ..Category: Property Law | Date: 13 Jul, 2002 | Hits: 89
Ibrahim Ali and ors. Vs. State, 2004, 33 CLC (AD)
...........Appellant Vs. State ........................... Respondent Judgment July 8, 2002. The Penal Code, 1860 (XLV of 1860), Section 463 Making of false statement in a document by the executant thereof does not saddle him with the liability of committi......the accused there under. Accordingly, the appeal is allowed. The conviction and the sentence of the appellants under sections 468 and 468/109 of the Penal Code are set aside. Ed. ..Category: Criminal Law | Date: 8 Jul, 2002 | Hits: 90
Kamaluddin (Md.) & anr. Vs. Sec., Ministry of Land, Bangladesh and ors., 2004, 33 CLC (AD)
....sdiction as against the intermediate steps as a prelude to the making of that order seeking declaration as to the legality or otherwise of the intermediate or ad‑interim orders(s). In the afore state of the matter, we find no substance in this petition. Accordingly, the petition i......tled that unless final order is passed in a matter, person interested in the matter or persons apprehensive of being affected by the act of functionaries performing functions in connection with the affairs of the Republic or of a local authority is not entitled to invoke the writ jurisdiction as ..Category: Constitutional Law | Date: 6 Jul, 2002 | Hits: 149
Upazila Education Officer & anr. Vs. Tara Miah Akhand & ors., 2004, 33 CLC (AD)
.... The Code of Civil Procedure, 1908 (V of 1908), Order XXXIX Rule I A party involved in a case can not do any act to bring about a change in the existing state of things when a case is pending in order to obtain an order of the court showing the change......pugned judgment of the High Court Division does not suffer from any legal infirmity for our interference. Accordingly, this petition merits no consideration and it is dismissed. Ed. ..Category: Civil Law | Date: 3 Jul, 2002 | Hits: 206
State Vs. Harish, 2002, 31 CLC (HCD)
....the charge against the accused persons and the accused persons were also examined under section 342 of the Code of Criminal Procedure who again pleaded not guilty and led evidence. The accused Harish stated that he was assaulted by the police for making of confessional statement. 6. In consider......emned prisoner Harish is acquitted of the charge and let him be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 54 DLR (2002) 473...Category: Women and Children | Date: 2 Jul, 2002 | Hits: 89
Ekushey Television Ltd. and others Vs. Dr. Chowdhury Mahmood Hasan & others, 2002, 31 CLC (AD)
....gment as the facts and law points involved are similar. 3. Circumstances leading up to the presentation of the aforementioned leave petitions, which have been heard together, may be briefly stated: 4. A Rule Nisi was issued in Writ Petition No. 5050 of 2001 by the High Court Divis......public duty on pressure from above, without any regard to law. What strikes the thinking minds is that this gives administrative corruption an all-permissive dimension. If abuse of power in the ETV affairs is not allowed to be challenged before this court, it will undermine the constitutional pr..Category: Constitutional Law | Date: 2 Jul, 2002 | Hits: 50
Abdul Majid Sarker (Md) Vs. State and others, 2003, 32 CLC (AD).
.... charge‑sheet and the case is now pending before the trial Court. The police recovered Masuda Khanam (Hasi) and arrested respondent No. 4‑Md Enamul Hoque on 9‑7‑2000 and her statement was recorded wherein she expressed her intention not to go with her father. Thereafter t......ntendent of Naogaon Jail is directed to release the detenu Masuda Khanam (Hasi), daughter of the appellant forthwith and handover her to the custody of her father the appellant. Ed. ..Category: Criminal Law | Date: 9 Jun, 2002 | Hits: 74