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Jahangir Alam and others Vs. State, 2011, 40 CLC (HCD)

....l Kalam Azad P.W.8 and accused-appellants. P.W.12 was not examined by Investigating Officer so his witnesses can be considered as subsequent witness for the prosecution P.W.14 and P.W.15 as per their statements show that they are the men of P.W.8 and treated them as chance and subsequent witness­es......d from their respective bail bonds. Send down the lower court record together with a copy of the judgment to the Court below at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 294...

Category: Criminal Law | Date: | Hits: 142

Global Access Ltd. Vs. Bangladesh and others, 2003, 32 CLC (HCD)

....ore this court the letter dated 31‑8‑2002 denying approval of sample addressed to respondent No.8. He has further submitted that respondent No.7 admitted in his affidavit-in­-opposition that the statements made in paragraph 11 of the writ petition are statements of fact and called for no commen......ty. So, we do not find anything which can be considered as mala fide. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 433...

Category: Others | Date: | Hits: 174

Iqbal Hasan Mahmood Vs. State, 2008, 37 CLC (HCD)

....ebruary, 2007 when the appellant was in the cus­tody, the secretary of the Anti-Corruption Commis­sion issued a notice under section 26 of the Anti-Corruption Commission Act, 2004 submit his wealth statements within 72 hours and accordingly the appellant filed statement of wealth to ACC under prot......on the Medical Board stat­ed as under: the satisfaction of the learned Chief Metropolitan Magistrate Dhaka. Communicate the order. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 286. ..

Category: Criminal Law | Date: | Hits: 125

Mokbul Hossain and another Vs. State, 2003, 32 CLC (HCD)

.... be marked Ext in the case due to non examination of investigation officer. No other witnesses were examined by the prosecution. Evidence was closed. Due to absence and absconding of accused as above statements under section 342 CrPC of the accused could not be recorded by the court. Plea as disclos......ted of the charge thereunder. Both appellants Mokbul Hossain and Atikul are directed to be set at liberty if not required in any other case. Ed. This Case is also Reported in: 55 DLR (2003) 396. ..

Category: Criminal Law | Date: | Hits: 103

AKM Mazharul Haq Chowdhury Vs. Bangladesh and others, 2010, 39 CLC (HCD)

....vants within the meaning of the Act and, as such, the peti­tioner's contention that section 9(2) of the Act was wrongly applied to his case, has been denied. It has been further stated that the said statements has empowered the Government to retire an employee of Biman Bangladesh Airlines Limited a......directed to reinstate the petitioner in service within 30 days of receipt of copy of this judgment with back wages and other benefits. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 274. ..

Category: Employment/Service Law | Date: | Hits: 157

Jalil and another Vs. Chairman, Court of Settlement and another, 1991, 20 CLC (HCD)

....uthority without considering the cast of the petitioners in true perspective and ignoring the material facts. 6. The respondent government filed an affidavit‑in‑opposition controverting the statements made by the petitioners and contending that the mother of the petitioners did not die in......ned property. The respondents are directed to put the petitioners in possession of the said house within 3(three) months from date. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 288...

Category: Property Law | Date: | Hits: 90

State Vs. Abul Khair & 2 others, 1992, 21 CLC (HCD)

.... got up on the same motor cycle after coming from the side of the post office and that all of them fled away together. 8. In addition to the above mentioned oral evidence there are confessional statements of Mosharraf Hossain and Mainuddin. (Ext.1 and 3). No doubt the said statements are excul......Reference No. 1 of 1985 accepted as per judgments delivered by my learned brothers, Md. Abdur Rouf and Syed Fazle Ahmed, JJ. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 284. ..

Category: Criminal Law | Date: | Hits: 116

Abdul Khaleque Vs. Court of Settlement and others, 1991, 20 CLC (HCD)

....er. The petitioner thereupon filed an application before the Court of Settlement and the case being Case No.594 of 1987 was registered, The Govt. did not file any written objection controverting: the statements of the petitioner before the Court of Settlement although the Govt. of Bangladesh was dul......st Class expressing allegiance to Bangladesh, the allotment of a parcel of land by the then Government in his favour in the year 1961 and a clearance certificate issued by the Government that he paid rents and taxes. These were not considered by the Court of Settlement. Non‑consideration of facts ..

Category: Property Law | Date: | Hits: 90

Rustom Ali (Md.) Matubbar alias Alam Vs. Mohammad Salahuddin and another, 1998, 50 CLC (HCD)

....it may be safely held that in the following cases an order of the Magistrate issuing process against the accused can be quashed or set aside: (1) Where the allegations made in the complaint or the statements of the witnesses recorded in support of the same taken at their face value make out absol......the Rule is devoid of substance and the same, thus, fails. In the result, the Rule is discharged. Order of stay stands vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 301. ..

Category: Criminal Law | Date: | Hits: 112

Nuru Miah and others Vs. State, 2011, 40 CLC (HCD)

.... ডাকাতের হাতে অস্ত্র ছিল, আমাদের ৪ জনের হাতে লাঠি ছিল। 51. If we consider these features of the confes­sional statements we have no hesitation to hold that the alleged confessional statements is almost excul­p...... 16(sixteen) years released from the Jail immediate­ly, if not wanted in any other case. Send down the lower Court record at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 242...

Category: Criminal Law | Date: | Hits: 112

Abdul Jalil & other Vs. Islami Bank Bangla­desh Ltd. and others, 2011, 40 CLC (AD)

....der Order VII, rule 11 of the Code of Civil Procedure on the ground of res-judicata cannot be approved. This Division expressed this view in an earlier case reported in 13 BLD (AD) 217. But where the statements of the very plaint disclose about the earlier suit and all other elements for constitutin......th the impugned judgment of the High Court Division. In the result, the appeal is dismissed on contest without any order as to costs. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 107...

Category: Procedural Law | Date: | Hits: 108

Salma Islam Vs. Parveen Banu & others, 1997, 26 CLC (HCD)

....sult, the appeal is dismissed without any order as to costs. The connected Civil Rule No. 208(f) of 1985 is accordingly disposed of. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 280.......ranted and ultimately appeal was dismissed by the Appellate Division as not pressed. In this background of the litigations, the plaintiff-appellant filed the present suit claiming Taka 5,40,000.00 as rents of the suit house for three years at the rate of Taka 15,000,00 per month. The plaintiff-appel..

Category: Property Law | Date: | Hits: 144

Laxmi Janardhan Jew Thakur and 3 others Vs. Government of the People’s Republic of Bangladesh and others, 1998, 27 CLC (HCD)

....stered without any lawful authority and is of no legal effect so far it relates to the property of deed of Endowment dated 25-9-1903. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 273. ......‘Mandir’ and since then the deity is being worshipped by the devotees. After the said Endowment made on 25-9-1903 the records were made in the name of the petitioners and the Municipal and others rents and taxes were also paid in the name of the deity. CS record was also made in the name of the ..

Category: Property Law | Date: | Hits: 85

Rokeya Begum Vs. Md. Abdur Rahman alias Ganda being dead his heirs: 1(a) Md. Abdul Barik and others, 1998, 27 CLC (HCD)

....it land by cutting trees and by constructing tin-shed structures and straw-huts therein and this necessitated the filing of the present suit. 3. The defendants contested the suit by filing written statements denying the material allegations of the plaint and contended, inter alia, that the plaint......able in law. Accordingly, the Rule succeeds and it is made absolute without any order as to costs. Send down the LC records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 271...

Category: Property Law | Date: | Hits: 86

Monjurur Rahman (Md.) Vs. Dr. Naimur Rahman, 1998, 27 CLC (HCD)

....is half the share in the property of Schedule ‘A’ and ‘B’ and partition. 3. Defendant No.1 Dr. Naimur Rahman and his wife, defendant No.2 Mossamat Sarwar Sultana, lied two separate written statements though the suit was contested by defendant No.1 alone. The case of defendant No.1 is that......t, the appeal is dismissed. The Judgment and decree passed by the Court below is upheld. Parties are directed to bear their own cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 266. ..

Category: Property Law | Date: | Hits: 109

Niranjan Malaker & another Vs. State, 2009, 38 CLC (HCD)

.... he visited the PO and prepared sketch map and index thereof, seized alamats, held inquest over the dead body and prepared the inquest report, sent the dead body for post-mortem examination, recorded statements of the witnesses under section 161 of the Code of Criminal Procedure, arrested accused Ni......erty forthwith if not required to be detained in any other connection. Send down the LCR with a copy of this Judgment at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 387. ..

Category: Criminal Law | Date: | Hits: 75

Amanullah (Md.) Vs. State and another, 2010, 39 CLC (HCD)

....ce Station, DMP Dhaka, being informant, lodged an ejahar on 11-10-2007 with the Kafrul Police Station, DMP Dhaka, alleging, inter alia, that on the same date at about 20-00 hours he was recording the statements of accused Md. Amanullah and co-accused Swapon in his Office in connection with a Memo No......me of issuing of the Rule is vacated. Let a copy of this Judgment and order be sent to the Court concerned at once of information. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 382. ..

Category: Criminal Law | Date: | Hits: 84

Mahboob Uddin Ahmed Vs. Bangladesh Election Commissioner, and others, 1998, 27 CLC (HCD)

....tesamul Hoq Nasim Biswas, on 12-3-98 a date for ex parte disposal was fixed on 15-4-98 by the tribunal. On that date two other candidates entered appearance and prayed for time for submitting written statements, which was granted and 17-5-98 was fixed for filing written statement (Annexure-B). 6.......pondent No.1 Bangladesh Election Commission at once addressing it to the Chief Election Commissioner, Bangladesh Election Commission. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 417. ..

Category: Election Law | Date: | Hits: 162

Jiban Bima Corporation Vs. Mustafa Hussain & another, 1997, 26 CLC (HCD)

.... together with the consequential reliefs and therefore the suit is not hit by the proviso to section 42 of the Specific Relief Act and is maintainable. Further, he submits that neither in the written statements nor in the memo of appeal or in the revisional application, the petitioner has raised the......ost of Taka 2,000.00. The impugned judgment and decree are affirmed. Let the records of the Courts below be sent down immediately. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 411. ..

Category: Employment/Service Law | Date: | Hits: 182

Abdul Kashem and another Vs. Bangladesh, 1994, 23 CLC (HCD)

....o the demand, the petitioner filed this writ petition and obtained the present Rule. 3. An affidavit-in-opposition has been filed on behalf of the respondent Nos. 1‑4. The respondents denied the statements made in the petition on material particulars. It is stated that the Government enhanced t...... before the appropriate Customs Officer. In the premises discussed above, the Rules are discharged but without any order as to costs. Ed. This case is also Reported in: 47 DLR (HCD) (1995) 57...

Category: Fiscal/Taxation Law | Date: | Hits: 155