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Moinuddin & others Vs. State, 2007, 36 CLC (HCD)
....when he reached nearby the house of Shamser Chairman, he further heard a sound of firing. It has been further alleged that out of previous enmity with regard for giving evidence against the accused persons in a dacoity case, they became inimical to Abdul Motlib (uncle of the informant) and accordi......nce on various grounds. The learned State Defence Lawyer submits that in fact, the impugned Judgment so far the death penalty imposed upon the condemned prisoner based on the evidence of partisan and interested witnesses namely P.W.1 Abul Hossain, P.W.2 Rubi Begum, P.W.3 Fatema, P.W.4 Zesmin Begum...... Let a copy of the Judgment along with the Lower Court's record be sent down at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 67. ......ttal, he is now discharged from his bail bond. Let a copy of the Judgment along with the Lower Court's record be sent down at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 67. ..Category: Criminal Law | Date: | Hits: 24
Narayan Dash Vs. Md. Mostofa and others, 2007, 36 CLC (HCD)
....t is hereby affirmed. The order of stay granted earlier by this Court is hereby vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 63. ......t is hereby affirmed. The order of stay granted earlier by this Court is hereby vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 63. ......ostofa and others…………………………………Opposite Parties Judgment September 10, 2007. Result: The Rule is discharged. Case Referred to- Rafiqul Alam Vs. Secretary, Ministry of Works, Government of the People's Republic of Bangladesh, 49 DLR 456. Lawyers Involved......t is hereby affirmed. The order of stay granted earlier by this Court is hereby vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 63. ..Category: Employment/Service Law | Date: | Hits: 29
Mark Parco and others Vs. State and another, 2007, 36 CLC (HCD)
.... and before surrendering these are to be endorsed by Arab Bangladesh Bank Ltd. and the Bank will endorse it only after receiving payment on behalf of the complainant. It has been alleged that accused persons took away all the garments without any information to the complainant or without taking orig......ef Metropolitan Magistrate Chittagong so far as it relates to the accused petitioners is quashed. Communicate this order at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 350. ......s it relates to the accused petitioners is quashed. Communicate this order at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 350. ......ef Metropolitan Magistrate Chittagong so far as it relates to the accused petitioners is quashed. Communicate this order at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 350. ..Category: Criminal Law | Date: | Hits: 114
Sabina Rahman Mukti and others Vs. State, 2007, 36 CLC (HCD)
....cused petitioner Nos. 3 and 4 came to his house and thereafter, on 24.12.2001 in the early morning at 5 am the informant went for his duty keeping his wife (accused petitioner No.1) and other accused persons in his residence. Subsequently, on that date at 8 00 a.m. he came back to his residence and ...... Case No.52 dated 13.03.2002, now pending in the Court of Magistrate, 1st Class, Sylhet is quashed. Communicate the order at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 347. ......he Court of Magistrate, 1st Class, Sylhet is quashed. Communicate the order at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 347. ...... Case No.52 dated 13.03.2002, now pending in the Court of Magistrate, 1st Class, Sylhet is quashed. Communicate the order at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 347. ..Category: Criminal Law | Date: | Hits: 114
Md. Rafiqullah & another Vs. State, 1986, 15 CLC (HCD)
....ter of the school) in collusion with accused-petitioner Ahmed Ali Lasker (Clerk of the said school) misappropriated an amount of Tk. 1,59,252/- by issuing as many as 400 false vouchers against fake persons during the period of 1979-1983. On 29.12.83 the Chief Metropolitan Magistrate, Chittagong pa......alled for u/s. 561A Cr.P.C. by this Court. In the result the application is summarily rejected. Md. Abdul Jalil, J.- I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 124. ......ation is summarily rejected. Md. Abdul Jalil, J.- I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 124. ......alled for u/s. 561A Cr.P.C. by this Court. In the result the application is summarily rejected. Md. Abdul Jalil, J.- I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 124. ..Category: Criminal Law | Date: | Hits: 144
Sheringir Mollah and others Vs. State, 2006, 35 CLC (HCD)
....lsely. 15. P.W.5 Sekaluddin Mollah, a local witness, deposed that on 29-09-1990 at about 2-00 p.m. he was going for taking bath by the side of the house of the informant and found that the accused persons being armed with Teta, surki, dao and lathi entered into the house of the informant and trie......tted of the charge levelled against them. Send down the lower Court's records at once with a copy of the judgment for information. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 341. ......end down the lower Court's records at once with a copy of the judgment for information. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 341. ......tted of the charge levelled against them. Send down the lower Court's records at once with a copy of the judgment for information. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 341. ..Category: Criminal Law | Date: | Hits: 127
Yunus Ali and another Vs. State, 2008, 37 CLC (HCD)
....panion forces encircled the hotel; that the accused Yunus and Shakwat having entered into room No. 25 of the hotel used to discuss with the constable Matiur Rahman and it was settled that the accused persons will give forged currency notes of Taka 20,000 subject to the payment of Taka 10,000 and the......Tribunal in order to serve out the remaining period of their respective sentence. Send down the LCR with a copy of judgment at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 793. ......eriod of their respective sentence. Send down the LCR with a copy of judgment at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 793. ......Tribunal in order to serve out the remaining period of their respective sentence. Send down the LCR with a copy of judgment at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 793. ..Category: Criminal Law | Date: | Hits: 134
Abdur Rahim and 6 others Vs. Government of Bangladesh and others, 1996, 25 CLC (HCD)
.... laws and rules applicable to the teachers and staff of the nationalised colleges of Bangladesh. There will be no order as to cost. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 538. ...... laws and rules applicable to the teachers and staff of the nationalised colleges of Bangladesh. There will be no order as to cost. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 538. ......f the nationalised colleges of Bangladesh. There will be no order as to cost. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 538. ...... laws and rules applicable to the teachers and staff of the nationalised colleges of Bangladesh. There will be no order as to cost. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 538. ..Category: Employment/Service Law | Date: | Hits: 72
Abdus Samad and others Vs. Felu Hossain and others, 2009, 38 CLC (HCD)
....levant legal provisions of the Easement Act, 1882, particularly sections 52, 56 and 59 are quoted below: "52. License defined.- Where one person grants to another, or to a definite number of other persons, a right to do, or continue to do, in or upon the immoveable property of the grantor, someth......dverse possession is to be ignored. Send down the lower Court records, along with a copy of this Judgment. No order asto costs. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 89. ......0) 89. ......dverse possession is to be ignored. Send down the lower Court records, along with a copy of this Judgment. No order asto costs. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 89. ..Category: Civil Law | Date: | Hits: 123
Md. Abul Kashem and others Vs. Mst. Robila Khatoon and others, 2010, 39 CLC (HCD)
....he interim order passed at the time of issuance of the Rule is hereby re-called and vacated. Send down the lower Court's records. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 166. ...... Khanto Bibi. The plaintiffs were under legal obligation to establish that Insun Bibi was born in the womb of Khanto Bibi. From the evidence adduced by the plaintiffs it appears that except P.W.1, an interested witness, no other independent and disinterested witness was examined to corroborate the e......n the lower Court's records. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 166. ......he interim order passed at the time of issuance of the Rule is hereby re-called and vacated. Send down the lower Court's records. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 166. ..Category: Property Law | Date: | Hits: 52
Abdul Hamid Mollah Vs. Md. Abdul Hye and others, 1997, 26 CLC (HCD)
.... Nos.1 and 2 were merely his Benamders. Section 41 of the Transfer of Property Act provides as under: "Section 41. Transfer by Ostensible Owner.- Where, with the consent express or implied, of the persons interested in immovable property, a person is the ostensible owner of such property and tran......nd 2 were merely his Benamders. Section 41 of the Transfer of Property Act provides as under: "Section 41. Transfer by Ostensible Owner.- Where, with the consent express or implied, of the persons interested in immovable property, a person is the ostensible owner of such property and transfers th......e without any order as to cost. Ed. This case is also Reported in:49 DLR (HCD) (1997) 428. ......ent and decree dated 29‑8‑88 passed by the learned Assistant Judge, Kumarkhali, Kushtia is set aside without any order as to cost. Ed. This case is also Reported in:49 DLR (HCD) (1997) 428. ..Category: Civil Law | Date: | Hits: 59
Alkas Gorami Vs. State, 2006, 35 CLC (HCD)
....e two fold arguments. Firstly he has submitted that the charge of the instant case is highly defective. Elaborating his argument the learned counsel pointed out that in this case it is clear that two persons died because of two distinct offences, though committed in the same transaction and for the ...... set at liberty forthwith if he is not wanted in connection with any other case. Send down the lower court records expeditiously. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 46. ......in connection with any other case. Send down the lower court records expeditiously. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 46. ...... set at liberty forthwith if he is not wanted in connection with any other case. Send down the lower court records expeditiously. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 46. ..Category: Criminal Law | Date: | Hits: 43
Shafiqul Islam Khan Vs. The Commissioner of Taxes, 2012, 41 CLC (HCD)
....ance 1984 which deals in with the definition of ‘person’, which reads as follows; Income Tax Ordinance 1984 Section 2(46): “person” includes an individual, a firm, an association of persons, a Hindu undivided family, a local authority, a company and every other artificial juridical......hall be no order as to costs. The connected Rule being No.20 (ref)/2007 is disposed off with the above observation accordingly. FRM Nazmul Ahasan J. - I agree. This Case is also Reported in: ......ng No.20 (ref)/2007 is disposed off with the above observation accordingly. FRM Nazmul Ahasan J. - I agree. This Case is also Reported in: ......hall be no order as to costs. The connected Rule being No.20 (ref)/2007 is disposed off with the above observation accordingly. FRM Nazmul Ahasan J. - I agree. This Case is also Reported in: ..Category: Fiscal/Taxation Law | Date: | Hits: 83
....ribed Revenue Officer. (s.20 (4A)).
It may be noted that the word “company” has been used in case of sugarcane while in case of tea, coffee and rubber the words used are “where a person or persons holding land for the purpose of cultivation and manufacture of tea, coffee or rubber”.
......appellants in Civil Appeal No.254 of 2009. The project of MMDL has not fallen within the main Flood-Flow Zone and RAJUK arbitrarily started obstruction against the development work at the instance of interested quarters which is illegal and unauthorized.
5. The High Court Division while allowin......ith the reasoning and findings given by Syed Mahmud Hossain, J.
Ed.
This Case is also Reported in:
...... said, “if both are read together, question will arise whether a person can be said to have dignity `of man if his right to life is below bare necessity line without proper food, clothing, shelter, education, healthcare, clean atmosphere and unpolluted environment”.
61. The Supreme Court of..
Category: Environmental Law | Date: | Hits: 434
Dr. Jadu Das Gupta alias J.D. Gupta Vs. State, 2009, 38 CLC (HCD)
....omplaint which was subsequently treated as F.I.R. The police afterinvestigation also submitted charge sheet in the case under sections 406/420 of the Penal Code against all the four FIR named accused persons. After taking cognizance by the learned Magistrate, the petitioner being FIR name accused no...... and in the light of our observation made out in the body of the judgment. Send a copy of the judgment to the court below at once. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 454. ......n the body of the judgment. Send a copy of the judgment to the court below at once. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 454. ...... and in the light of our observation made out in the body of the judgment. Send a copy of the judgment to the court below at once. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 454. ..Category: Criminal Law | Date: | Hits: 62
Millan Miah and another Vs. State, 2012, 41 CLC (AD)
....he Court of Sessions Judge, Rangpur where it was registered as Sessions Case No.83 of 2000 and the Sessions Judge, on the basis of the materials available on record, framed charge against the accused persons under sections 147/149/302/34 of the Penal Code and read it over to them in open Court to wh......osition of P.Ws., rather it based its judgment on surmises and conjectures. He further submits that the High Court Division failed to consider the fact that P.Ws.1-8 are related to each other and are interested witnesses and that P.W.8 is not an eye witness; that independent and vital witness, nam......th the impugned decision of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in:9 ADC (2012) 797. ......ived at. We find no reason to interfere with the impugned decision of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in:9 ADC (2012) 797. ..Category: Criminal Law | Date: | Hits: 60
Momin Miah & others Vs. Md. Shafiullah Patwari and others, 2007, 36 CLC (HCD)
.... intrinsic episode forming backdrop of Civil Revision Case is succinctly stated which is as hereunder: Plaintiff-opposite party impleading petitioners and Second-Fourth: opposite parties and other persons as defendants instituted a suit being Title Suit No.10 of 1996 in the Court of Assistant Jud......umstances of the case, I direct the parties to bear their respective costs. Lower Courts Records are sent down to Courts concerned. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 86. ......n to Courts concerned. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 86. ......umstances of the case, I direct the parties to bear their respective costs. Lower Courts Records are sent down to Courts concerned. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 86. ..Category: Property Law | Date: | Hits: 64
Advocate Manzill Murshid and others Vs. Bangladesh, 2011, 40 CLC (HCD)
.... idiosyncrasies, their particular models of analyses and writing, and their special interest were often known to us who read their Judicial opinions. However, for the general public and even for most persons serving in the other branch of the government..................such elements of their person......mendation by the Parliamentary Sub-Committee on Law Justice Parliamentary Sub-Committee was published, without delay. Gobinda Chandra Tagore J. - I agree. Ed. This Case is also Reported in: ......tice Parliamentary Sub-Committee was published, without delay. Gobinda Chandra Tagore J. - I agree. Ed. This Case is also Reported in: ......rt often becomes the communities conscience. As it neither controls government’s purse nor its sword, it relies mostly on the force of its moral Judgment, its legal and traditional prestige and the educational impact of its words to compel obedience to its dictates.” (Page X: Introduction). 3..Category: Constitutional Law | Date: | Hits: 413
Md. Golam Mostafa Vs. State, 2010, 39 CLC (HCD)
....ors, so far as a bank trustee of and a debtor in respect of the depositors money held by it. On the other hand, there is no allegation in the said FIR to the effect that. the petitioner abetted other persons in the communication of any offence under section 420/409 Penal Code. As such, in view of th......is hereby quashed. The order of stay granted at the time of issuance of the rule is hereby vacated. Communicate the order at once. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 337. ......e time of issuance of the rule is hereby vacated. Communicate the order at once. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 337. ......is hereby quashed. The order of stay granted at the time of issuance of the rule is hereby vacated. Communicate the order at once. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 337. ..Category: Criminal Law | Date: | Hits: 97
Most. Shiuli alias Babi Vs. State, 2006, 35 CLC (HCD)
.... is allowed. Where there is reasonable possibility of the defence plea being true and the prosecution has not proved the case beyond reasonable doubt by adducing independent witnesses, the accused persons are entitled to get acquittal. Even if there are elements of truth in the prosecution case t......r taxes. In the present case the contents of the bottles were not examined by any proper authority. It appears that P.W.1 to P.W.3 are police personnels who held the raid and made the seizure and are interested party being interested in the prosecution case. P.W.4 public seizure list witness deposed......own the lower court records and a copy of the judgment and order to the court concerned. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 29. ......s discharged from her bail bond. 17. 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: 27 BLD (HCD) (2007) 29. ..Category: Criminal Law | Date: | Hits: 95
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