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Nuru Miah and others Vs. State, 2011, 40 CLC (HCD)
.... 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.......iately, 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.......d rightly found guilty to the accused persons. He further submits that the confessional statement under section 164 of the Code of Criminal Procedure made by convict Abul Hashem is inculpatory in nature and same has been found true and voluntary by the trial Court and, as such, conviction can be..Category: Criminal Law | Date: | Hits: 112
Hamida Begum Chowdhury Vs. Ahamad Hossain Khan and others, 1997, 26 CLC (HCD)
....e Appeal is allowed and the impugned judgment and decree dated 28-9-95 passed in Title Suit No.201 of 1991 is dismissed without cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 276. ......t cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 276. ......ed in the plaint contending, inter alia, that she never executed the second sale agreement dated 23-1-1978 and the same was created by the plaintiff-respondent with a mala fide motive and took her signature thereon by force. The defendant-appellant entered into sale agreement dated 5-1-1977 for sell..Category: Civil Law | Date: | Hits: 148
Ansarul Hoque Vs. Agrani Bank, 1997, 26 CLC (HCD)
.... of with a direction to return the plaints to the petitioners or their learned Advocates for presenting the same to the District Court. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 263.......the petitioners or their learned Advocates for presenting the same to the District Court. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 263.......Muhammad Abdulah Sufi Vs. Muhammad Box & Sons, PLD 1957 (WP) Karachi 445. The learned Single Judge did not accept the contention that the powers conferred under Order XXXVII on a Court are in the nature of special jurisdiction or the Courts designated under Order XXXVII are special Courts. The H..Category: Procedural Law | Date: | Hits: 92
Mahbub Alam Vs. Commissioner, Customs, Excise and VAT, Sylhet and others, 2010, 39 CLC (HCD)
....dgment and order to the Special Tribunal concerned for necessary action and the Respondent No.1 for information and necessary action. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 395. ...... necessary action and the Respondent No.1 for information and necessary action. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 395. ......he power of this Court both under Article 102 of the Constitution and section 561A of the Code of Criminal Procedure is extraordinary but independent of each other and either proceeding is summary in nature. It is conceivable that we should not exercise our jurisdiction in an unwarranted manner as w..Category: Fiscal/Taxation Law | Date: | Hits: 177
Niranjan Malaker & another Vs. State, 2009, 38 CLC (HCD)
.... submits that the conviction under challenge is based on conjecture and surmises. He further submits that the confessional statement of the appellant Niranjan Malaker is not voluntary and the same is exculpatory in nature and as such, it is not admissible in evidence and the same cannot be the basis...... 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. ......he conviction under challenge is based on conjecture and surmises. He further submits that the confessional statement of the appellant Niranjan Malaker is not voluntary and the same is exculpatory in nature and as such, it is not admissible in evidence and the same cannot be the basis of conviction...Category: Criminal Law | Date: | Hits: 75
Abdul Malek Vs. District Co-operative Officer, Cox’s Bazar and others, 1997, 26 CLC (HCD)
....en made without lawful authority and is of no legal effect. In the facts and circumstances of the case there no order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 426. ......fect. In the facts and circumstances of the case there no order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 426. .......3 Badarkhali Samabaya Krishi and Upanibesh Samity Limited on 14-2-1988 by adopting an illegal and malafide resolution cancelled the lease of the petitioner and issued notice on 5-3-1988 under the signature of the Manager of the said Samity respondent No.5 in the Writ petition. In the said notice wh..Category: Civil Law | Date: | Hits: 128
Mahboob Uddin Ahmed Vs. Bangladesh Election Commissioner, and others, 1998, 27 CLC (HCD)
....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. ......dressing it to the Chief Election Commissioner, Bangladesh Election Commission. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 417. ......tercept the progress of the by-election by invoking the writ jurisdiction of this Court. 10. Mr. AF Hasan Ariff, the learned Advocate for the petitioner, submits that irrespective of the mandatory nature of Article 123(4) of the Constitution the same has been overridden by Article 125 because of ..Category: Election Law | Date: | Hits: 162
Jiban Bima Corporation Vs. Mustafa Hussain & another, 1997, 26 CLC (HCD)
....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. ......the Courts below be sent down immediately. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 411. ......f dismissal is a premature order inasmuch as before the order of conviction got its finality, the order of dismissal was passed. The order of conviction and sentence dated 18-8-82 was recommending in nature and only after review on 16-11-82 the said order got its finality and legality. The learned A..Category: Employment/Service Law | Date: | Hits: 182
Syed Wali Mohammad Salehuddin, 1990, 19 CLC (HCD)
....further order as to costs. The assistance given by Mr. Ahmed Nurur Reza and Mr. Saidur Rahman at the time of hearing is appreciated. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 268.......is also Reported in: 44 DLR (HCD) (1992) 268.......een obtained by the Administrator General from a purchaser. It has been submitted in the supplementary affidavits that the assets of the trust has at present become a property of waste and perishable nature and within a short time the existence of the trust will be extinguished and as such for bette..Category: Trust/Waqf Law | Date: | Hits: 166
Haji Hafez Md. Shamsul Islam Vs. Abdul Mabud & others, 1989, 18 CLC (HCD)
....lt, this appeal is allowed. The order complained of is set aside. Let the G.R. Case No.251 of 1987 do proceed in accordance with law. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 321. ...... the G.R. Case No.251 of 1987 do proceed in accordance with law. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 321. ......n connection with the commencement of proceedings before Magistrates. Section 204 of that Chapter empowers Magistrate to take cognizance of an offence and to issue summons or warrant according to the nature of the offence. In section 205 of that Chapter it is provided; "whenever a Magistrate issues ..Category: Procedural Law | Date: | Hits: 85
Sazedur Rahman (Md.) Vs. Secretary, Ministry of Establishment, 1998, 27 CLC (HCD)
....is discharged without any order as to cost. The operation of this Judgment be stayed for a period of 15 (fifteen) days from today. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 407. ......ration of this Judgment be stayed for a period of 15 (fifteen) days from today. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 407. ......the satisfaction of all concerned, he came to know about a Memo No. SHOMHO/IJNI-4/1(26)- 17-6-97/71 dated issued by the office of respondent No.1 the Secretary, Ministry of Establishment under the signature of respondent No.2 the Senior Assistant Secretary, (UNI-4), Ministry of Establishment, in whi..Category: Administrative Law | Date: | Hits: 326
Humayun Hossain Khan Vs. Bangladesh & others, 2011, 40 CLC (HCD)
....iscretion given to it by section 47 of the Ain, 2003. With the above observations this appeal is dismissed. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 88, 18 MLR (AD) (2013) 5. ......ns this appeal is dismissed. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 88, 18 MLR (AD) (2013) 5. ......unt of loan advanced to him. Equity connote? fairness, impartiality, and evenhanded dealing, the statute in hand having categorically provided its application in respect of all suits/cases of similar nature, it cannot be said that the principle of equity has been violated in the instant case buy the..Category: Civil Law | Date: | Hits: 138
State Vs. Azam Reza, 2008, 37 CLC (HCD)
....cation to the effect that the accused is sentenced to imprisonment for life. Send down the lower Court's records at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 399. ......fect that the accused is sentenced to imprisonment for life. Send down the lower Court's records at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 399. ......re was a swelling injury on the back of the head of the deceased, it is proved beyond all reasonable doubt that the death of the deceased was due to head injury which was homicidal and ante-mortem in nature, that her death was not due to suicidal hanging as alleged by the defence and that she was do..Category: Criminal Law | Date: | Hits: 114
Anwar Hossain Khan Vs. Speaker of Bangladesh Sangsad Bhavan and others, 1994, 23 CLC (HCD)
.... absentee members of the parliament without leave of the Parliament is recoverable by appropriate authority upon the processes of law. Ed. This case is also Reported in: 47 DLR (HCD) (1995) 42. ......he Parliament is recoverable by appropriate authority upon the processes of law. Ed. This case is also Reported in: 47 DLR (HCD) (1995) 42. ......is, Article 106 of the Constitution made a provision to refer a matter to the Supreme Court when it appears to the President that a question of law has arisen or is likely to arise which is of such a nature and of special public importance that it is expedient to obtain the opinion of the Supreme Co..Category: Constitutional Law | Date: | Hits: 344
Government of Bangladesh and others Vs. Jahangir Alam & others, 2011, 40 CLC (AD)
....n law but is just in fact. In the result, all the appeals are dismissed but without any order as to costs. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 115; 32 BLD (AD) (2012) 145. ......sts. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 115; 32 BLD (AD) (2012) 145. ...... by the Court, as happened in In re Findlay. This can involve a detailed examination of the precise terms of the promise or representation made the circumstances in which the promise was made and the nature of the statutory or other discretion. 57. There are at least three possible outcomes, (a) ..Category: Employment/Service Law | Date: | Hits: 208
State Vs. Mohammad Salim, 2010, 39 CLC (HCD)
....005 is accordingly disposed of. Let the lower Court's records along with a copy of this judgment be transmitted to the trial Court. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 99. ......er Court's records along with a copy of this judgment be transmitted to the trial Court. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 99. ......the dead body of her daughter and the accused to the police station. She lodged the first information report on the following morning. She identified the first information report Exhibit 1 and her signature thereon Exhibit 1/1 and recognised the accused on dock. She also deposed that the accused mur..Category: Criminal Law | Date: | Hits: 118
Gadu Mia & others Vs. State, 1991, 20 CLC (HCD)
....ted from the charge levelled against them and they shall be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 246. ......they shall be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 246. ......nion death was due to shock and haemorrhage. He found 2 ounces of blood in the right side of the chest. According to him, the death was due to multiple injuries which were antemortem and homicidal in nature. Then he stated that he was not sure whether the deceased could say anything in spite of the ..Category: Criminal Law | Date: | Hits: 106
State Vs. Dr. Md. Nurul Islam, 2011, 40 CLC (HCD)
.... a copy of this judgment and order, be sent to the concerned Court below for information and necessary action at once. Md. Emdadul Haque Azad J. - I agree. Ed. This Case is also Reported in: ...... the concerned Court below for information and necessary action at once. Md. Emdadul Haque Azad J. - I agree. Ed. This Case is also Reported in: ......ds which were handed over to the escorting constable. 15. He opined that the death was due to shock and haemorrhage as a result of the injuries stated above which were ante mortem and homicidal in nature caused by fire arms. He exhibited the Post Mortem Report of the deceased marked as Ext.4 and ..Category: Criminal Law | Date: | Hits: 104
State Vs. Md. Saiful Huq @ A. Saiful and 6 others, 2012, 41 CLC (HCD)
....e was produced before the Magistrate for recording his confession. The statements made by Hazrat Ali and Yousuf Ali Chowkider recorded under Section 164 of the Code of Criminal Procedure appear to be exculpatory in nature and those of the rest 3 accused inculpatory in nature. In view of the above st......of this judgment and order at once for information and necessary action. Md. Emdadul Haque Azad J. - I agree. Ed. This Case is also Reported in: ......before the Magistrate for recording his confession. The statements made by Hazrat Ali and Yousuf Ali Chowkider recorded under Section 164 of the Code of Criminal Procedure appear to be exculpatory in nature and those of the rest 3 accused inculpatory in nature. In view of the above statements of P.W..Category: Criminal Law | Date: | Hits: 93
Abdur Rahman Molla Vs. State, 1998, 27 CLC (HCD)
....ch Deputy Commissioner, Narail is directed to take steps for his arrest. Communicate the order to the Deputy Commissioner, Narail. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 403. ......take steps for his arrest. Communicate the order to the Deputy Commissioner, Narail. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 403. ......e before the Court below and grounds for enlarging him on bail. Ordinarily when warrant of arrest is issued against a person or a person is wanted in connection with a non-bailable offence of serious nature he is not entitled to get anticipatory bail. Merely because a person is respectable, influent..Category: Criminal Law | Date: | Hits: 93
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