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Nurul Abser Chowdhury Vs. Jesmin Akther, 1999, 28 CLC (HCD)
.... Rule and subsequently extended from time to time lastly on 16-11-98 stand vacated. Lower Court’s record be sent down immediately. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 352.......f the evidences on record rendered decision that the defendant used to torture the plaintiff both physically and mentally and for that reason she had to come to her father’s house. Further decision recorded was that the defendant No.1 married Zosna Akhter, daughter of Nowsha Mia ‘during the subs......) 352....... Rule and subsequently extended from time to time lastly on 16-11-98 stand vacated. Lower Court’s record be sent down immediately. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 352...Category: Family Law | Date: | Hits: 211
State Vs. Manik Bala, 1988, 17 CLC (HCD)
....was voluntary and true and that the accused could be convicted upon his confessional statement alone. The learned Deputy Attorney-General, howevÂer, candidly conceded that the learned Sessions Judge wrongly admitted the statement of Sona Baru into evidence. 11. As to the contention of the learne......or cross-examination and the defence examined none. The learned Sessions Judge accepted the confessional statement of the accused as voluntary and true and also relied upon the statement of Sona Baru recorded under section 164 of the Code of Criminal Procedure making the following obserÂvation: ...... liberÂty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 435.......s acquitted of the charge. Let the condemned prisoner be set at liberÂty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 435...Category: Criminal Law | Date: | Hits: 142
Abul Hashem Khan & others Vs. Md. Shamsuddin Khan & others, 1989, 18 CLC (HCD)
.... is sought to be done by the plaintiffs. As the foundation of the contract is missing in the plaint the contract is not a concluded contract and as such not enforceable. The learned Subordinate Judge wrongly applied the prinÂciple laid down in the case of Ram Singh Kundan Singh and sons and another......g must be proved to be in his handwriting. Mere production of the account books kept in regular course of business, thereÂfore, does not constitute evidence of the transacÂtion and accounts therein recorded." Section 34 of the Evidence Act and the case in 21 DLR (SC) 357 relate to books of acco......ch) (Civil Appellate Jurisdiction) Present: Latifur Rahman J Nurul Huque Bhuiyan J Abul Hashem Khan & others.......................................Appellants Vs. Md. Shamsuddin Khan & others...................................Respondents Judgment May 2, 1989. Re......em. In the face of our findings in respect of Ext. W and Z series the appliÂcation is not maintainable. Accordingly, it is rejectÂed. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 415...Category: Business or Commercial Law | Date: | Hits: 349
Khan Md. Ruhul Amin Vs. Chairman, Labour Court, Khulna and others, 1990, 19 CLC (HCD)
....œIt is stated that though the respondent No.2 established the said school and has been running the same with the funds yet the school is neither a section, branch or department of respondent No.2, as wrongly contended by the petitioner. The affairs of the school are managed by the Management Committ...... case be taken as a bar in that regard. With the above observations this Rule is discharged without, however, any order as to costs. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 347.......ove observations this Rule is discharged without, however, any order as to costs. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 347....... case be taken as a bar in that regard. With the above observations this Rule is discharged without, however, any order as to costs. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 347...Category: Labour and Industrial Law | Date: | Hits: 184
Bangladesh Vs. Abdul Aziz and others, 2005, 34 CLC (HCD)
....cree is a nullity there remains nothing to proceed with the Execution case No.2 of 1998. Send down the Lower Court records at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 405.......cree is a nullity there remains nothing to proceed with the Execution case No.2 of 1998. Send down the Lower Court records at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 405....... Mac Foy Vs. United Africa Company Limited, (1962) AC 152; 4 BLC (AD) 21; 6 AIR 1970 SC; 28 DLR (AD) 57; 46 DLR (AD) 96; 6 DLR 473; ILR 13 (Allahabad) 30; 8 DLR 307. Lawyers Involved: Rais Uddin Ahmed, Advocate - For the Petitioner. AY Masihuzzaman, Advocate - For the Opposite Party No.1.......cree is a nullity there remains nothing to proceed with the Execution case No.2 of 1998. Send down the Lower Court records at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 405...Category: Alternative Dispute Resolution | Date: | Hits: 291
Serajul Islam and others Vs. State, 1994, 23 CLC (HCD)
....acquitted and be set at liberty forthwith, if not wanted in connection with any other Case. Send down the record of the case at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 165. ...... of complaint before the learned Magistrate on 11.1.89 after the occurrence on 9.1.99. He submits that the trial Court did not consider the defence cast stated in the statement of the accused persons recorded under section 342 CrPC about litigation and enmity between accused appellant Serajul Islam ......not wanted in connection with any other Case. Send down the record of the case at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 165. ......acquitted and be set at liberty forthwith, if not wanted in connection with any other Case. Send down the record of the case at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 165. ..Category: Criminal Law | Date: | Hits: 147
Humayun Matubbar Vs. State, 1998, 27 CLC (HCD)
....fine of Taka 10,000.00 is altered to a sentence of Taka 3,000.00 in default to suffer Rigorous Imprisonment for 3(three) months more. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 433. ......cted by Humayun was not directly seen by the witnesses and this situation appears to us as normal and natural. Humayun was convicted and sentenced on the basis of the dying declaration of Sadek Molla recorded by the Magistrate P.W.16 Mr. Dilip Kumar Basak. 4. Sadek was injured on 7-6-91 at 12 noo......e of Taka 3,000.00 in default to suffer Rigorous Imprisonment for 3(three) months more. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 433. ......fine of Taka 10,000.00 is altered to a sentence of Taka 3,000.00 in default to suffer Rigorous Imprisonment for 3(three) months more. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 433. ..Category: Criminal Law | Date: | Hits: 108
Nurjahan Begum Vs. Government of the Peoples Republic of and others, 1998, 27 CLC (HCD)
.... 2-9-87 (Annexure H) and the notice dated 24-10-1987 (Annexure-J) within one month from the date of receipt of this judgment and order. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 426.......t facts relevant are that CS Plot No.1009 measuring an area of 0.60 acre of land appertaining to CS Khatian No.225 of mouza Kafrul, JL No.268 under former PS Keraniganj was owned and possessed by its recorded tenants namely; Sobhan Matbar and Nazar Bibi in equal share. The said Khatian is annexed to......Annexure-J) within one month from the date of receipt of this judgment and order. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 426....... 2-9-87 (Annexure H) and the notice dated 24-10-1987 (Annexure-J) within one month from the date of receipt of this judgment and order. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 426...Category: Property Law | Date: | Hits: 156
Sheikh Ahmed & others Vs. Abdul Alim, 1988, 17 CLC (HCD)
....ore me. I affirm the judgment and decree of the lower apÂpellate Court. The result is the Rule is discharged. No order as to costs. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 408.......ead where they grew difÂferent crops and as such the Court of appeal below was wrong in decreeing the suit reversing the judgÂment of the trial Court as in the DP Khatian Ext. A series the land was recorded in the name of the defenÂdants-petitioners. It was also contended by him that Kamaluddin w......a Kamal Pasha, Advocate—For the Petitioners. AKM Abdul Hakim, Advocate—For the OpÂposite Party. Civil Revisional Case No. 48 of 1984. Judgment AM Mahmudur Rahman J.- This Rule at the instance of the defendants-petitioners Nos.1 to 3 is directed against the judgment and decree passed......ore me. I affirm the judgment and decree of the lower apÂpellate Court. The result is the Rule is discharged. No order as to costs. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 408...Category: Property Law | Date: | Hits: 95
Abu Bakar Sikder Vs. Monowara Begum (Mst.), 1989, 18 CLC (HCD)
....do not find any substance in the appeal and the same is dismissed with cost. The judgment and decree of the Court below are affirmed. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 403. ......sses also admitted that such possession was on behalf of Abdur Rahman Sikder and the entire family including all the co-sharers. Defendant No.1 in her statement has stated that her name has been duly recorded in the record of rights. She says that the heba properties situated in Bhola are under her ......affirmed. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 403. ......do not find any substance in the appeal and the same is dismissed with cost. The judgment and decree of the Court below are affirmed. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 403. ..Category: Property Law | Date: | Hits: 152
Hafizuddin Vs. State, 1989, 18 CLC (HCD)
....quitted of the charge levelled against him. Let him be released from jail forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 397. ......on has tried to prove its case by proving an unwritten Dying Declaration of the deceased made before the villagers and confessional statements of accused Hafizuddin (appellant) and accused Kafiluddin recorded by a MagÂistrate, P.W.12, Monzurul Islam. 11. P.Ws.1, 2, 3, 9 and 10 have been examÂin......t him be released from jail forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 397. ......quitted of the charge levelled against him. Let him be released from jail forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 397. ..Category: Criminal Law | Date: | Hits: 92
Saju Hosein Vs. Press Appellate Board and others, 2011, 40 CLC (HCD)
.... For the reasons assigned above, the Rule is destined to founder, wherefor the same is discharged. There is no order on cost. Jahangir Hossain J.- I agree. Ed. This Case is also Reported in: ...... be the printer, in duplicate, there shall be no vacancy even if he had ceased to be the printer or publisher. Until that act has been resorted to by the reigning beneficiary, the Declaration remains recorded in his name, whether he likes it or not. 45. Form C is an integral part of the Act. It ......to founder, wherefor the same is discharged. There is no order on cost. Jahangir Hossain J.- I agree. Ed. This Case is also Reported in: ...... For the reasons assigned above, the Rule is destined to founder, wherefor the same is discharged. There is no order on cost. Jahangir Hossain J.- I agree. Ed. This Case is also Reported in: ..Category: Others | Date: | Hits: 171
Parvaj Vs. State, 2012, 41 CLC (HCD)
....surrender before the trial Court to serve out the remaining period of his sentence. Communicate a copy of the judgment. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in:......rence and seized the alamats in his presence. 8. P.W.5, Enamul Kabir, a Sub-Inspector of police stated that at the time of lodgment of the ejahar, he was duty officer at the police station. He had recorded the ejahar and filled up the column of ejahar. 9. P.W.6 Md. Abdul Latif, another Sub-In......the remaining period of his sentence. Communicate a copy of the judgment. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in:......surrender before the trial Court to serve out the remaining period of his sentence. Communicate a copy of the judgment. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in:..Category: Criminal Law | Date: | Hits: 73
Md. Humayun Shaikh Vs. State, 2011, 40 CLC (HCD)
....ny reason to interfere with the same. Accordingly the appeal, having no merit, is dismissed. Send down the lower Court records. Naima Haider, J.- I agree. Ed. This Case is also Reported in:......was numbered as Criminal Appeal No.17 of 1990. Subsequently it was renumbered as Criminal Appeal No.4786 of 1991, possibly on transfer from Barisal Bench, though the reason of such renumbering is not recorded. In view of its long pendency for more than twenty-one years, we take it up for disposal ev......gly the appeal, having no merit, is dismissed. Send down the lower Court records. Naima Haider, J.- I agree. Ed. This Case is also Reported in:......ny reason to interfere with the same. Accordingly the appeal, having no merit, is dismissed. Send down the lower Court records. Naima Haider, J.- I agree. Ed. This Case is also Reported in:..Category: Criminal Law | Date: | Hits: 125
Md. Shah Alam Vs. State, 2011, 40 CLC (HCD)
....he sentence as altered, if he is not wanted in any other case. Send down the lower Court’s record with a copy of this judgment. Borhanuddin J.- I agree. Ed. This Case is also Reported in:...... Inspector of police lodged an ejahar with Gaibandha police station on 27.8.1993 alleging inter alia, that back on 11.5.1992 at 21.30 hours one Md. Solaiman Sarkar, elder brother of the appellant had recorded Unnatural Death Case No.9 of 1992 dated 11.5.1992 stating that while he was going to Gaiban...... any other case. Send down the lower Court’s record with a copy of this judgment. Borhanuddin J.- I agree. Ed. This Case is also Reported in:......he sentence as altered, if he is not wanted in any other case. Send down the lower Court’s record with a copy of this judgment. Borhanuddin J.- I agree. Ed. This Case is also Reported in:..Category: Criminal Law | Date: | Hits: 114
Md. Manzil alias Md. Manzil Miah Vs. State, 2012, 41 CLC (HCD)
....y the trial Court. In case of his failure to do so, the law will take its own course. Send down the lower Court records. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ......with a German origin revolver to Daulatpur Police Station, Kushtia on 11.6.2001 and lodged an ejahar against them bringing allegation of keeping the said arms illegally with the appellant. The police recorded the case as Daulatpur Police Station Case No.11 dated 11.6.2001 under section 19A of the Ar......o so, the law will take its own course. Send down the lower Court records. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ......y the trial Court. In case of his failure to do so, the law will take its own course. Send down the lower Court records. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 87
Md. Haider Alam Vs. State, 2012, 41 CLC (HCD)
....entence, if any. In case of his failure to do so, the law will take its own course. Send down the lower Court’s record. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ...... Rajshahi lodged an ejahar on 24.6.2001 against the appellant bringing allegation of recovery of 56 bottles of Indian origin phensedyl which were allegedly smuggled from India into Bangladesh. Police recorded the case as Motihar Police Station Case No.16 dated 24.6.2001 under section 25B of the Spec......so, the law will take its own course. Send down the lower Court’s record. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ......entence, if any. In case of his failure to do so, the law will take its own course. Send down the lower Court’s record. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 113
Md. Saiful Islam alias Maznu Vs. State, 2010, 39 CLC (HCD)
....custody during the trial will be deducted under section 35A of the Code. Send down the lower Court’s records. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ...... college from ten to thirteen hours. 20. P.W.19 Rekha Rani Bala, a Magistrate of first class stated that at the relevant time she was posted in Tangail. In course of investigation of the case, she recorded statement of one Iman Ali under section 164 of the Code. She proved the said statement and ......r section 35A of the Code. Send down the lower Court’s records. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ......custody during the trial will be deducted under section 35A of the Code. Send down the lower Court’s records. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 110
Noab Mia and another Vs. State, 2012, 41 CLC (HCD)
....nder before the trial Court to serve out the remaining period of their sentences. Send down the records of lower Courts. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ......-charge, Brahmanbaria Police Station directing him to treat it as a first information report and do the needful. It is mentioned that accused-petitioner No.1 is the son of the informant. 3. Police recorded the complaint as Brahmanbaria Police Station Case No.5 dated 3.11.1981 and after investigat......emaining period of their sentences. Send down the records of lower Courts. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ......nder before the trial Court to serve out the remaining period of their sentences. Send down the records of lower Courts. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ..Category: Limitation Law | Date: | Hits: 194
Taju Mia and others Vs. State and another, 2012, 41 CLC (HCD)
....y to appear before the Court and shall consider their prayers for bail, if any. Send down the lower Court’s record. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ...... cannot be concluded within the specified time, the accused in the case, if he is accused of a non-bailable offence, may be released on bail to the satisfaction of the Court, unless for reasons to be recorded in writing, the Court otherwise directs. (5) Nothing in this section shall apply to a tr......r their prayers for bail, if any. Send down the lower Court’s record. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ......y to appear before the Court and shall consider their prayers for bail, if any. Send down the lower Court’s record. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ..Category: Procedural Law | Date: | Hits: 112
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