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Md. Sayem Islam Vs. State, 2006, 35 CLC (HCD)

....umstances of the case and foregoing narrative we are led to the conclusion that the prosecution miserably failed to prove the charge against the appellant beyond all reasonable doubt and the tribunal wrongly convicted the appellant. Thus the appeal having merit succeeds. The impugned judgment and or...... endorsed to him for investigation. During investigation he visited place of occurrence, prepared sketch map with separate index which he proved as Exhts.3 and 4 respectively. During investigation he recorded statements of four witnesses. He prayed to the Court for destroying alamats and accordingly......ds at once with a copy of the judgment for information and for taking necessary action. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 155. ......ail bond. Send down the lower Court's records at once with a copy of the judgment for information and for taking necessary action. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 155. ..

Category: Criminal Law | Date: | Hits: 103

Abdus Satter and others Vs. Abdun Noor and others, 1997, 26 CLC (HCD)

....r non‑impleading of necessary parties within the period of said 4 months provided such necessary parties are impleaded at any stage of the proceedings. The head‑note in 1 BCR (AD) 59 is wrongly written indicating that necessary parties are to be added within 4 months although it is not...... a chance to amend their application under section 96 of the State Acquisition and Tenancy Act by adding left‑out necessary parties. Ed. This case is also Reported in:49 DLR (HCD) (1997) 414. ...... left‑out necessary parties. Ed. This case is also Reported in:49 DLR (HCD) (1997) 414. ...... a chance to amend their application under section 96 of the State Acquisition and Tenancy Act by adding left‑out necessary parties. Ed. This case is also Reported in:49 DLR (HCD) (1997) 414. ..

Category: Property Law | Date: | Hits: 155

Shahanewas Vs. Government of Bangladesh and others, 1997, 26 CLC (HCD)

....­Laxmipur. An affidavit was sworn by the informant Atarerzaman before Magistrate 1st Class affirming also that the detenu Abul Hashem son of Habibulla is not the accused in this case and he has been wrongly apprehended. The learned Sessions Judge by his order dated 11‑6‑97 rejected the applicat...... convict Abul Hashem, son of Habibur Rahman as the warrant of accused has already been executed by arresting a wrong person i.e. the detenu. This Case is also Reported in: 50 DLR (HCD) (1998) 633. ......rant of accused has already been executed by arresting a wrong person i.e. the detenu. This Case is also Reported in: 50 DLR (HCD) (1998) 633. ...... convict Abul Hashem, son of Habibur Rahman as the warrant of accused has already been executed by arresting a wrong person i.e. the detenu. This Case is also Reported in: 50 DLR (HCD) (1998) 633. ..

Category: Criminal Law | Date: | Hits: 88

State Vs. Zakaria Kabiraj, 2012, 41 CLC (HCD)

....dgment and order be communicated to the concerned Tribunal at once for necessary action along with the records of the Tribunal below. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 523. ......d the further defence suggestion that Zakaria did not visit their residence at Dhaka. 24. P.W.12 Md. Salim Ullah stated that on 22-3-2005 he was Magistrate 1st class at Gazipur and on that date he recorded the confessional statement of accused Serajul Islam after observing all lawful for­malitie......ned Tribunal at once for necessary action along with the records of the Tribunal below. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 523. ......dgment and order be communicated to the concerned Tribunal at once for necessary action along with the records of the Tribunal below. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 523. ..

Category: Criminal Law | Date: | Hits: 147

Syeda Helali Begum and others Vs. Shanty Mary Cruez and others, 2008, 37 CLC (HCD)

....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. ...... Paul, Advocate - For Opposite Parties. Civil Revision No.3928 of 2006. Judgment AK Badrul Huq J.- Destiny of Civil Revision Case hinges on answer to following probes: I. Whether decision recorded by Court of First instance and maintained by Court of Appeal in not restoring Title Suit to...... (Civil) Present: AK Badrul Huq J Syeda Helali Begum and others...............................Defendants/Petitioners Vs. Shanty Mary Cruez and others...............................Plaintiffs/Opposite Parties Judgment May 3, 2008. Result: The Rule is discharged. Cases ......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

BRAC Printers Vs. Chairman; First Labour Court and another, 2007, 36 CLC (HCD)

....scharged without any order as to costs. The order of stay passed at the time of issuance of the Rule is hereby recalled and vacated. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 427. ...... Annexure-A (3) to the Writ Petition revealed that one-point charter of demand raised by the union was not entertained by the employer-petitioner and as a result, no memorandum of settlement could be recorded as provided by section 26 of the Ordinance. As the parties failed to reach a settlement by ......tay passed at the time of issuance of the Rule is hereby recalled and vacated. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 427. ......scharged without any order as to costs. The order of stay passed at the time of issuance of the Rule is hereby recalled and vacated. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 427. ..

Category: Labour and Industrial Law | Date: | Hits: 138

Abdul Awal and others Vs. Ratan Bibi and others, 2007, 36 CLC(HCD)

....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. ......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. ...... Advocate - For the opposite parties. Civil Revision No. 1000 of 2003. Judgment Siddiqur Rahman Miah J.- The revisional application under section 115(1) of the Code of Civil procedure at the instance of the plaintiffs is directed against the judgment and order dated 22.07.2002 and another o......94 in the first Court of Joint District Judge, Comilla for partition of the suit land. 3. The case of the plaintiffs, in short is that the suit land originally belonged to one AH Mohammad; that CS khatian was prepared in his name; that Ali Mohammad died leaving Arab Ali, Akram Ali, Jonab Ali and ..

Category: Property Law | Date: | Hits: 85

Mostafa Vs. State, 2012, 41 CLC (HCD)

.... with in any other case. Send down the Lower Court records along with the copy of the Judgment. Communicate the order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 544. ......se, in his examination in chief he stated that he was appointed as Investigation Officer of this case, during investiga­tion he visited the place of occurrence, prepared sketch map along with index, recorded statements under sections 161 of the Code of Criminal Procedure and having found prima faci......r Court records along with the copy of the Judgment. Communicate the order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 544. ...... with in any other case. Send down the Lower Court records along with the copy of the Judgment. Communicate the order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 544. ..

Category: Criminal Law | Date: | Hits: 59

Shafiqul Islam (Md.) Vs. State, 1998, 27 CLC (HCD)

....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. ......y said that appellant forcibly abducted the victim. But from the cross‑examination of the Investigating Officer P.W.11 it appears that neither in the FIR the informant P.W.1 nor in their statements recorded under section 161 of the Code of Criminal Procedure those P.W. Nos. 2 and 3 made any such s......n 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. ......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

Nesaruddin Mallick and others Vs. State, 2005, 34 CLC (HCD)

....ower Court's records at once with a copy of the Judgment for information and taking necessary action. AKM Fazlur Rahman J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 289. ......tnesses disclosed the name of assailants. 24. P.W.15 Sheikh Kobad Hossain, Officer-in-charge of the Pirojpur Police Station at the relevant time deposed that he visited the place of occurrence and recorded the statement of the witness. Thereafter submit­ted charge sheet against seven accused. In......e Judgment for information and taking necessary action. AKM Fazlur Rahman J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 289. ......ower Court's records at once with a copy of the Judgment for information and taking necessary action. AKM Fazlur Rahman J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 289. ..

Category: Criminal Law | Date: | Hits: 78

Manik K Bhattacherjee Vs. Artha Rin Adalat and other, 2010, 39 CLC (HCD)

....t any order as to cost. The order of stay stands vacated. Communicate the Judgment of the Artha Rin Adalat No.3, Dhaka at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 195. ......oney, execution by detention in prison shall not be ordered unless, after giving the judgment-debtor an opportu­nity of showing cause why he should not be committed to prison, the Court, for reasons recorded in writing, is satisfied— (a) that the judgment-debtor, with the object or effect of o......cated. Communicate the Judgment of the Artha Rin Adalat No.3, Dhaka at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 195. ......t any order as to cost. The order of stay stands vacated. Communicate the Judgment of the Artha Rin Adalat No.3, Dhaka at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 195. ..

Category: Civil Law | Date: | Hits: 154

Tajul Islam and others Vs. Chini Miah and others, 2007, 36 CLC (HCD)

....ransferred by way of Exhibit-kha (sale deed dated 24.7.1956). Boundary given in Exhibit-kha is not consistent with plot No.339, and, as because boundary given in Exhibit-kha is correct, plot had been wrongly inserted in the deed. With the above findings learned Trial Judge decreed suit. Judgment ......Hasan Arif, Advocates - For Petitioners. Md. Ibrahim Molla with Md. Alamgir Hossain, Advocates - For Opposite Parties. Civil Revision No.1230 of 2006. Judgment AK Badrul Huq J.- Decisions recorded by learned Appellate Judge in a Title Appeal by which adjudication rendered by learned Tria......ediately. 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)

....ayun Kabir, relying on the decision reported in 29 DLR 9 and 59 DLR 207 submits that the defendants claimed their right, title over the suit and on the basis of SA record which appears to be prepared wrongly in their name at the early period of the than Pakistan but such record of rights does neithe......ে দিখিনি।” 15. It is also found that the plaintiffs in order to prove their right, title in the suit land exhibited two registered deeds namely Exhibit 3 and 3(Ka) and CS Khatian recorded in the name of late Asiruddin Mallik, the predecessor of the plaintiff-petitioners and also......ed in: 16 BLC (HCD) (2011) 144. ...... 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

Motiur Rahman Bahadur Vs. Hemanta Kumar Shill, 2010, 39 CLC (HCD)

....ent and part decree passed by the Subordinate Judge 2nd Court, Pirojpur, is maintained. Send down the lower Court records at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 180. ......er se raises any presumption in favour of stridhana. 29. Over and above Mr. Quayum appears to be factually wrong in that the defendant No.2 herself as D.W.2 stated in clear terms that the land was recorded in her name after death of her husband. Her own words read as follows: “স্বাম......ords at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 180. ......s such the same is her stridhana in which she enjoys absolute and unqualified right and title including the right to sell at her pleasure. In his bid to bring home the point Mr. Quayum referred to RS khatian of the land standing in the name of defendant No.2 which he claims to have been prepared dur..

Category: Property Law | Date: | Hits: 107

Rafiqul Alam (Md.) Vs. Md. Abdul Awal & others, 2010, 39 CLC (HCD)

.... thereon. The learned Assistant Judge, on perusal of the evidence on record, found that the charge brought against the plaintiff was not proved and the enquiry committee, without taking any evidence, wrongly submitted its report stating that the charge was proved. Upon these findings, the leaned Ass......2-1997 passed by the Subordinate Judge, Rangpur in Order Appeal No.140 of 1995 in hereby affirmed. Send down the LCR accordingly. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 168. ......o- Manager Personal Division Vs. Sazahan Miah, 35 DLR 224; TCB & ANR Vs. Syed Sajeduzzaman, 40 DLR 406; BJMC Ltd. Vs. Abdul Halim Chowdhury, 47 DLR 173; Jiban Bima Corporation Vs. Mustafa Hussain, 50 DLR 411; Fazlul Karini Vs. Agrani Bank, 45 DLR 375; Tamser Ali Vs. Md. Nazrul Islam, 55 DLR 1......2-1997 passed by the Subordinate Judge, Rangpur in Order Appeal No.140 of 1995 in hereby affirmed. Send down the LCR accordingly. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 168. ..

Category: Civil Law | Date: | Hits: 144

Aysha Begum and others Vs. Mozibur Rahman, 2010, 39 CLC (HCD)

....is allowed. The impugned order passed by the learned Joint District Judge is set aside. There shall, however be, no order as to cost. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 160. ......ant Nos. 9-13 and Korban Ali's full brother Hachi Mia's sons i.e. Abdul Gani (predecessor of defendant Nos.1-4) and others. The land was amicable partitioned by family arrangement and accordingly was recorded in the name of Gani Mia in the BS record. After the death of Abdul Gani the appellants have......as to cost. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 160. ......is allowed. The impugned order passed by the learned Joint District Judge is set aside. There shall, however be, no order as to cost. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 160. ..

Category: Civil Law | Date: | Hits: 126

Shaukat Ali and another Vs. Chairman, Labour Court, Khulna and others, 1992, 21 CLC (HCD)

....f Labour (Standing Orders) Act, 1965. With the aforesaid observation the rules are discharged. There will be no order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 410. ......member of the aforesaid weighment committee and on 28.5.85 as per direction of the Departmental Head he went to the Scale Room for recording the weighment of firewood. In that capacity the petitioner recorded the weighment of each cart of fire­wood in his tally khata and it was the Scaleman who rec......esaid observation the rules are discharged. There will be no order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 410. ......f Labour (Standing Orders) Act, 1965. With the aforesaid observation the rules are discharged. There will be no order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 410. ..

Category: Labour and Industrial Law | Date: | Hits: 182

State Vs. Tutul & Fazlur Rahman @ Badal and others, 2011, 40 CLC (HCD)

....fan be discharged from his bail bond. Send down the Lower Court Records, along with a copy of this, judgment and order, at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 516. ......hence the case. 3. After holding investigation Police submitted charge sheet against 7 accused persons including the appellants. During investigation accused Tutul made a con­fessional statement recorded under Section 164 of the Code of Criminal Procedure before the Magistrate. Thereafter, char......er Court Records, along with a copy of this, judgment and order, at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 516. ......fan be discharged from his bail bond. Send down the Lower Court Records, along with a copy of this, judgment and order, at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 516. ..

Category: Criminal Law | Date: | Hits: 98

Nazir Ahmed & Others Vs. Yonus Meah & Others, 1984, 13 CLC (HCD)

....udge in Criminal Motion No.53 of 1983 are set aside and those of the learned Magistrate passed in Misc Case No.160 of 1977 are restored. Ed. This Case is also Reported in:36 DLR (1984) 93. ...... the local police station was appointed as receiver. The parties were also directed to file written statements. The parties filed written statements and evidence of witnesses of both the parties were recorded on several dates from 20.11.1978 to 09.09.1982. Documents were also admitted into evidence....... set aside and those of the learned Magistrate passed in Misc Case No.160 of 1977 are restored. Ed. This Case is also Reported in:36 DLR (1984) 93. ......udge in Criminal Motion No.53 of 1983 are set aside and those of the learned Magistrate passed in Misc Case No.160 of 1977 are restored. Ed. This Case is also Reported in:36 DLR (1984) 93. ..

Category: Procedural Law | Date: | Hits: 116

State Vs. Nazma Sarker @ Beauty and others, 2011, 40 CLC (HCD)

....ds, along with a copy of this judgment and order, be sent to the concerned Court below for information and necessary action at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 483. ...... Alam is a Tenant of the deceased, P.W.6 Sufia Khatun is the wife of P.W.5, P.W.7 Md. Monir Hossain is a neighbour of the deceased Hanif Sarker, P.W.8 Mahmuda Khatun is a Magistrate, First Class, who recorded the confessional statements of the condemned prisoners Nazma Sarker @ Beauty and Rokeya Beg......to the concerned Court below for information and necessary action at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 483. ......ds, along with a copy of this judgment and order, be sent to the concerned Court below for information and necessary action at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 483. ..

Category: Criminal Law | Date: | Hits: 99