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State Vs. Md. Sirajul Islam and others, 2012, 41 CLC (HCD)
....4. Let the Lower Court Records 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: ......py 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: ......of houses of Saju Miah, Sayed Saheb and Akbor Monjil as shown by accused Babul (since dead) and the same was seized by preparing a seizure list in his presence which he exhibited as Ext.11 and his signature therein as Ext.11/1. During cross-examination by defence he denied the defence suggestion tha..Category: Criminal Law | Date: | Hits: 105
Ka Bi Ma Iftekhar Anam Vs. State & another, 2010, 39 CLC (HCD)
.... granted earlier shall stand vacated. Send a copy of this order to the Assistant Sessions Judge, 3rd Court, Rajshahi for compliance. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 338. ......a copy of this order to the Assistant Sessions Judge, 3rd Court, Rajshahi for compliance. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 338. ......ant and the accused petitioner and the outstanding liabilities alleged to have occurred out of business transaction and thus the allegation brought against the accused petitioner is purely civil in nature for realization of money and, as such, the instant Criminal Proceeding is an abuse of the p..Category: Criminal Law | Date: | Hits: 94
Syeda Sajeda Chowdhury Vs. State, 2010, 39 CLC (HCD)
....002 now pending in the Court of Divisional Special Judge, Dhaka is quashed in respect of the petitioner only. Ed. This Case is also Reported in:62 DLR (HCD) (2010) 441; 18 BLT (HCD) (2010) 249. ......cial Judge, Dhaka is quashed in respect of the petitioner only. Ed. This Case is also Reported in:62 DLR (HCD) (2010) 441; 18 BLT (HCD) (2010) 249. ......s through first information report, charge sheet and the cognizance order and submits that in the face of the record the proceeding is an abuse of the process of the Court and law and preposterous in nature and liable to be quashed. 6. On the other hand, Mr. Md. Khurshid Alam Khan, learned Advoca..Category: Criminal Law | Date: | Hits: 137
Shamsul Huq Chowdhury Vs. Justice Md. Abdur Rouf & others, 1995, 24 CLC (HCD)
....ntial question of law as to the interpretation of the Constitution. The prayer is allowed and certificate prayed for is hereby granted. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 176.......Constitution. The prayer is allowed and certificate prayed for is hereby granted. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 176.......ndent No.1 has been sitting as a Judge of the Supreme Court of Bangladesh and purporting now to hold the office of the Judge of Appellate Division of the Supreme Court. Admittedly the writ is in the nature of quo warranto under Article 102(2) (b) (ii) of the Constitution which provides that on the ..Category: Constitutional Law | Date: | Hits: 353
.... Rin Adalat No.2, Dhaka is hereby directed to return the plaint to the filing Advocate for presentation before the appropriate Court.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 333.
......tion before the appropriate Court.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 333.
......egistered Co-operative Credit Society there is no bar in proceeding with the suit before the Artha Rin Adalat. It was also observed that previously also the Court disposed of another suit of the same nature. With that observation the present petitioner’s prayer made under Order 7, rule 10 of the C..
Category: Civil Law | Date: | Hits: 135
Hifzur Rahman and 2 others Vs. State, 1995, 24 CLC (HCD)
....plication. The Rule is accordingly discharged. The order of stay passed earlier is hereby vacated. Send down the record at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 325. ......ed. The order of stay passed earlier is hereby vacated. Send down the record at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 325. ......minary inquiry was conducted by the Magistrate nor caused it to be done by any other person. According to Mr. Khan, holding of preliminary inquiry is a must before taking cognizance in a case of such nature. 4. Mr. Shawkat Ali Khan also argued that the Magistrate committed illegalities in taking ..Category: Criminal Law | Date: | Hits: 102
Saiful Islam Dilder Vs. Government of Bangladesh and others, 1998, 27 CLC (HCD)
.... find any substance in this writ petition. In the result, this writ petition is rejected in limine without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 318. ......esult, this writ petition is rejected in limine without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 318. ......y of Hawaii, "Moreover, in his separate opinion in the Namibia Case, Judge Ammoun, citing statement by the representative of Pakistan, said that the “right of self-determination is a norm of the nature of jes cogens, derogation from which is not permissible under any circumstances”. Judge Amm..Category: Constitutional Law | Date: | Hits: 421
Shahriar Rashid Khan and another Vs. Bangladesh, 1997, 26 CLC (HCD)
....the interpretation of several provisions of the Constitution are involved in the instant cases, the certificate prayed for is granted. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 133. ......tution are involved in the instant cases, the certificate prayed for is granted. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 133. ......speaks that the following Ordinance made by the President of the People’s Republic of Bangladesh on 26th September, 1975. At the bottom of the Ordinance Khondaker Moshtaque Ahmed himself put his signature as President. It is true that Khondaker Moshtaque Ahmed after usurping power and Proclaiming ..Category: Criminal Law | Date: | Hits: 202
Habibur Rahman Mondal (Md.) and others Vs. State and another, 2010, 39 CLC (HCD)
....rk and submit police report as early as possible. Let a copy of the judgment and order be transmitted to the Court below without delay Ed. This Case is also Reported in: 63 DLR (2011) 23. ......e. Let a copy of the judgment and order be transmitted to the Court below without delay Ed. This Case is also Reported in: 63 DLR (2011) 23. ...... that section 32 of the Anti-Corruption Act, 2004 does not contemplate initiation of such case by lodging first information report with prior approval, rather institution of a criminal case of such nature is prohibited without of copy of the sanction from the Anti-Corruption Commission. The learne..Category: Criminal Law | Date: | Hits: 101
Shahajada Talukder Vs. Election Commissioner and others, 2003, 32 CLC (HCD)
.... cancelled and the Returning Officer is directed to hold fresh election upon accepting the nomination paper already filed by the petitioner. Ed. This Case is also Reported in: 55 DLR (2003) 420.......d fresh election upon accepting the nomination paper already filed by the petitioner. Ed. This Case is also Reported in: 55 DLR (2003) 420.......d other candidates, caused the overwriting defects in the nomination papers by fraud and forgery, is totally false and moreover, the errors found in both the nomination papers being of substantial nature, come within the disqualification clause as provided in sub‑rules (a)(b)(c) and (d) of Ru..Category: Election Law | Date: | Hits: 211
Ali Azam Vs. Md. Majibullah, 2002, 31 CLC (HCD)
....The order of stay granted earlier by this court at the time of issuance of the Rule is hereby vacated. Send down the LC Records at once. Ed. This Case is also Reported in: 55 DLR (2003) 412. ......o- Bhrigurashram Missir and another Vs. Surendra Nath Mitra and another, AIR 1962 (Patna) 204; Joydayal Poddar Vs. Bibi Bajera and others, AIR 1974 SC 171. Lawyers Involved: Sarder Abul Hossain for Shahidul Islam, Advocate—For the Petitioner. Abul Kamal Chowdhury, Advocate—For the Op......e laid down, yet in weighing the probabilities and for gathering the relevant indicia, the courts are usually guided by these circumstances, (1) the source from which the purchase money came; (2) the nature and possession of the property, after the purchase; (3) motive, if any for giving the transac..Category: Property Law | Date: | Hits: 103
....o substance in this Rule. The Rule is accordingly, discharged without any order as to costs.
Stay granted by this Court stands vacated.
Ed.
This Case is also Reported in: 55 DLR (2003) 409.
.......
......133 of the said Ordinance.
9. Mr. Hasan Arif has further argued that in view of the provision of Rule 23(3) the suit in barred and the Civil Court has no jurisdiction to entertain the suit of this nature as he says that the election committee has declared the result of the election held on 13‑1..
Category: Procedural Law | Date: | Hits: 124
Amir Hossain Dhali and other Vs. State, 1997, 26 CLC (HCD)
....ty forthwith, if not wanted in connection with any other case. Appellant Amir Hossain Dhali is discharged from his bail bond forthwith. Ed. This Case is also Reported in: 49 DLR (HD) (1997)163. ......any other case. Appellant Amir Hossain Dhali is discharged from his bail bond forthwith. Ed. This Case is also Reported in: 49 DLR (HD) (1997)163. ......d 1½” x ½"x 1/8”; 8. In the opinion of the doctor, the death was due to shock and haemorrage resulting from the injuries mentioned in the post-mortem, which were ante-mortem and homicidal in nature. 9. P.W.1 Rausan Ara Begum, 14 year old daughter of deceased Abdur Rashid, states that on ..Category: Criminal Law | Date: | Hits: 85
....pposite parties in the other civil revisions shall get interest @ 10 percent from the date of this judgment (19-8-96) till realisation.
Ed.
This Case is also Reported in: 49 DLR (HD) (1997) 160.......e Party No.1 (In Civil Revision Nos.123‑125 of 1996)
Civil Revision Nos. 121 to 125 of 1996 with Civil Revision No.369 of 1996.
Judgment
Md. Golam Rabbani J.- All these Rules have been obtained by the Requiring Body against the awards of compensation for acquired lands arising out of six ......eeds is only 1/3 decimal. Thus the very small quantum of land as mentioned in the sale deeds and the relationship of the purchasers with the applicant irresistibly proved the collusive and fraudulent nature of the sale deeds. We, therefore, hold that the learned Arbitrator committed error, both in l..
Category: Property Law | Date: | Hits: 84
....lice Station Kotwali, District Dhaka now detained in Dhaka Central Jail be set at liberty forthwith if he is not required in any other case.
Ed.
This Case is also Reported in: 55 DLR (2003) 430. ......haka Central Jail be set at liberty forthwith if he is not required in any other case.
Ed.
This Case is also Reported in: 55 DLR (2003) 430. ......ffect police report has been submitted before us.
7. Successive criminal cases for commission of grave offences like murder, rape, riot, looting, arson or for repeated criminal offences of serious nature tending to incite interference with the administration of law or the maintenance of law and o..
Category: Criminal Law | Date: | Hits: 104
Mohammadullah and others Vs. Md. Shamsul Alam alias Md. Alam, 2002, 31 CLC (HCD)
.... the said finding of fact. In the result, these Rules are discharged without any order as to cost. The impugned orders are maintained. Ed. This Case is also Reported in: 55 DLR (2003) 428. ......r the Opposite Party. Civil Revision No. 4639 of 1995 with Civil Revision No. 4640 of 1995. Judgment MA Wahhab Miah J.- These two Rules have arisen out of two orders of similar nature passed in Miscellaneous Case Nos.29 of 1995 and 30 of 1995 both dated 31‑10‑1995 passed by the learned ......Advocates—For the Opposite Party. Civil Revision No. 4639 of 1995 with Civil Revision No. 4640 of 1995. Judgment MA Wahhab Miah J.- These two Rules have arisen out of two orders of similar nature passed in Miscellaneous Case Nos.29 of 1995 and 30 of 1995 both dated 31‑10‑1995 passed b..Category: Procedural Law | Date: | Hits: 100
Yasinullah Vs. State, 2003, 32 CLC (HCD)
....the Police reports he would accept after considering the entire circumstances and facts of the case. The Rule is accordingly discharged. Ed. This Case is also Reported in: 55 DLR (2003) 393. ......dering the entire circumstances and facts of the case. The Rule is accordingly discharged. Ed. This Case is also Reported in: 55 DLR (2003) 393. ......ntajullah as informant lodged a First informant Report with the local police station against some accused on 21‑2‑1999 alleging inter alia, that the accused persons are dangerous and desperate in nature in the locality and accused persons are always trying to take revenge against the informant p..Category: Criminal Law | Date: | Hits: 86
State Vs. Abul Khair & 2 others, 1992, 21 CLC (HCD)
....hem 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 exculpatory in nature but those clearly record an admission by the appellant that they along with th......red by my learned brothers, Md. Abdur Rouf and Syed Fazle Ahmed, JJ. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 284. ......ogether. 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 exculpatory in nature but those clearly record an admission by the appellant that they along with the condemned pri..Category: Criminal Law | Date: | Hits: 116
Abdul Khaleque Vs. Court of Settlement and others, 1991, 20 CLC (HCD)
....lawful authority and the same are of no legal effect. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 273.......n the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 273....... 19.9.87 Annexure M‑2 passed by the Court of Settlement in Case No.594 of 1987 dismissing the application of the petitioner for release of the property. The letter dated 15.1.84 passed under the signature of the Senior Scale Section Officer, Ministry of Home Affairs runs as follows: No.62 Im..Category: Property Law | Date: | Hits: 90
Rustom Ali (Md.) Matubbar alias Alam Vs. Mohammad Salahuddin and another, 1998, 50 CLC (HCD)
....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. ......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. ......a cash of Taka 50,000.00 in Taka 3,000.00 executed an agreement for sale in his favour. The accused-petitioner, subsequently, on different dates took Taka 2,000.00 by granting receipts putting his signature thereon. In that way the accused petitioner, though, received Taka 5,000.00 from the complain..Category: Criminal Law | Date: | Hits: 112
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