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Amalendu Majumder Vs. State, 1996, 25 CLC (HCD)
....rned Magistrate is directed to proceed with the case in accordance with law. Send a copy of this order to the lower Court at once. Ed. This Case is also Reported in: 49 DLR (HCD) (1997) 204. ......t exceeding ten years and, if the offence punishable with death, imprisonment for life or imprisonment exceeding ten years, the Sessions Judge may release the accused on bail unless for reasons to be recorded the Sessions Judge or the Magistrate refuses the bail. The effect of the amendment is that ......e case in accordance with law. Send a copy of this order to the lower Court at once. Ed. This Case is also Reported in: 49 DLR (HCD) (1997) 204. ......rned Magistrate is directed to proceed with the case in accordance with law. Send a copy of this order to the lower Court at once. Ed. This Case is also Reported in: 49 DLR (HCD) (1997) 204. ..Category: Criminal Law | Date: | Hits: 97
Crescent Jute Mills Company Ltd. Vs. Chairman, Labour Court and another, 1996, 25 CLC (HCD)
....aid Act in deciding a complaint case Labour Court is to follow the procedure mentioned in section 25 of the Act and not summary procedure under the Code of Criminal Procedure. It appears Labour Court wrongly exercised the power under Order 9 rule 4 read with section 151 of the Code of Civil Procedur......under the provisions of section 25 of the Act as found above. In the result, the Rule is discharged without any order as to Costs. Ed. This Case is also Reported in: 49 DLR (HCD) (1997) 201. ...... above. In the result, the Rule is discharged without any order as to Costs. Ed. This Case is also Reported in: 49 DLR (HCD) (1997) 201. ......under the provisions of section 25 of the Act as found above. In the result, the Rule is discharged without any order as to Costs. Ed. This Case is also Reported in: 49 DLR (HCD) (1997) 201. ..Category: Labour and Industrial Law | Date: | Hits: 177
Seraj Miah Vs. State, 1997, 26 CLC (HCD)
....assed by the trial Court are upheld. The appellant will undergo the sentence of imprisonment for life without having to pay any fine. Ed. This Case is also Reported in: 49 DLR (HCD) (1997) 192. ......t injury on the neck. He states that Ferdousi Begum was cutting vegetables and he heard that she received the injury falling on a 'dao'. This witness made a statement under section 164 CrPC which was recorded by a Magistrate on 26‑1‑91, i.e., 8 days after the occurrence. In this statement under ......ant will undergo the sentence of imprisonment for life without having to pay any fine. Ed. This Case is also Reported in: 49 DLR (HCD) (1997) 192. ......assed by the trial Court are upheld. The appellant will undergo the sentence of imprisonment for life without having to pay any fine. Ed. This Case is also Reported in: 49 DLR (HCD) (1997) 192. ..Category: Procedural Law | Date: | Hits: 94
State Vs. Moksed Ali and others, 2011, 40 CLC (HCD)
....dditional Sessions Judge, Manikganj immediately. Send down the Lower Court Records at once. Communicate this order forthwith. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 346. ...... his assailants. The trial Court also remained satisfied as to the credibility and the adequacy of Moksed's judicial confession by reference to the deposition of the P.W.13, Magistrate, 1st class who recorded the section 164-confession and attested to the adequacy of the procedure adopted to ensure ......y. Send down the Lower Court Records at once. Communicate this order forthwith. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 346. ......dditional Sessions Judge, Manikganj immediately. Send down the Lower Court Records at once. Communicate this order forthwith. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 346. ..Category: Criminal Law | Date: | Hits: 131
Abdul Jalil Shah and another Vs. Rahima Khatun and others, 1998, 27 CLC (HCD)
....rably within 6(six) months from the date of receipt of this order. Communicate this order to the Court concerned at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 441. ......rably within 6(six) months from the date of receipt of this order. Communicate this order to the Court concerned at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 441. ......h, Advocate — For the Opposite Parties. Civil Revision Case No. 466 of 1996. Judgment Mahfuzur Rahman J.- This Rule under section 115 of the Code of Civil Procedure is directed against an order passed by Subordinate Judge and Artha Rin Adalat, Bogra on 30-11-95 in Partition Suit ......rably within 6(six) months from the date of receipt of this order. Communicate this order to the Court concerned at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 441. ..Category: Civil Law | Date: | Hits: 154
Moktar Ali Bepari Vs. State, 1997, 26 CLC (HCD)
.... to take steps for realisation of fine as imposed in Criminal Case No. 222(1)/85 of the Court of Magistrate, Tangail Sadar, Tangail. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 439. ......t. Obviously, the enhancement of sentence of the appellants was illegal and without jurisdiction. Moreover, in the judgment of the appellate Court no reasons for the enhancement of sentence have been recorded. So, I am of the opinion that the order of enhancement of sentence passed by the appellate ......sed in Criminal Case No. 222(1)/85 of the Court of Magistrate, Tangail Sadar, Tangail. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 439. ...... to take steps for realisation of fine as imposed in Criminal Case No. 222(1)/85 of the Court of Magistrate, Tangail Sadar, Tangail. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 439. ..Category: Criminal Law | Date: | Hits: 96
Category: Immigration and Citizenship Law | Date: | Hits: 178
Sena Kalayan Sangstha Vs. Haji Sufi Fazal Ahmed and others, 2004, 33 CLC (HCD)
.... control and management of the suit property under Acting President's Order No.1 of 1972 and whether show cause notice was served and lease was cancelled and proceeded to answer these wrong questions wrongly, because admittedly the suit property was taken over under Acting President's Order No.IM-35......is not prejudicial to the interest of this State, and the property of the said owner cannot be excluded from the category of an abandoned property until such an opinion has been definitely formed and recorded by the Government. Such a view, in effect, contemplates two legal consequences; firstly, th......………………..Appellant (In Civil Appeal No. 45 of 1993) Chairman, Sena Kalayan Sangstha……………………..Appellant (In Civil Appeal No. 86 of 1997) Vs. Haji Sufi Fazal Ahmed being dead his heirs: Mr. Nagar Mohiuddin and others………………………..Respondents (In both ......1987 it appears that the schedule property was not part of the industrial concern M/s. Fasons Metal Industry which was purchased in the name of owner Sufi Fazal Ahmed and the same was recorded in the khatian in his name who has been owning and possessing the same constructing building thereof as evi..Category: Property Law | Date: | Hits: 111
State Vs. Nazma Sarker @ Beauty and others, 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: ......am 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 neighbor 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...... 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: ...... 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: ..Category: Criminal Law | Date: | Hits: 98
Capital Properties Ltd. Vs. Government of Bangladesh and others, 1991, 20 CLC (HCD)
....the learned subordinate Judge is a perfectly valid order. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 308.......ly quoting the formula "in the interest of justice" is not enough factual reason and does not satisfy the requirements of the rules. According to him, the reasons for such additional evidence must be recorded. His next submission was that the party applying for additional evidence must show that the......43 DLR (HCD) page 204; ILR 3 Mad (PC) page 384; AIR 1945 Cal. 492; AIR 1946 PC 103; 1984 BLD (AD) 285; PLD 1966 SC 684; AIR 1939 All. 633; AIR 1954 Mad. 848; AIR 1939. Lawyers Involved: Moinul Huq, Advocate ‑For the Petitioner. Kaiseruddin Ahmed, Deputy Attorney General ‑ For t......the learned subordinate Judge is a perfectly valid order. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 308...Category: Procedural Law | Date: | Hits: 113
Mostain Mollah and others Vs. State, 1990, 19 CLC (HCD)
....oth the appeals are, therefore, allowed. We reject the letter of reference submitted by the learned Sessions Judge, Narail. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 295. ......e also did not say anything as to the complicity of the accused in the commission of the crime. 4. Police investigated the case, visited the place of occurrence, seized the alamats and also got recorded die statements of Moni Mia Shaikh, Akkas Mia and Relia Begum under section 164 of the CrPC ......etter of reference submitted by the learned Sessions Judge, Narail. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 295. ......oth the appeals are, therefore, allowed. We reject the letter of reference submitted by the learned Sessions Judge, Narail. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 295. ..Category: Criminal Law | Date: | Hits: 95
Adhir Kumar Shaha Vs. State, 1995, 24 CLC (HCD)
....nate Judge exercising power of delivery of Sessions and Special Tribunal for the negligence of duty of inefficiency as noticed above. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 87. ......agerhat. 2. Main ground taken in this Rule is that after acquittal of the petitioner on 25.1.89 further proceedings of the case against him is illegal. It appears that an order of acquittal was recorded on 25.1.89 under the signature of Mr. Dabiruddin Shaikh, the then Special Tribunal No. II B......sions and Special Tribunal for the negligence of duty of inefficiency as noticed above. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 87. ......nate Judge exercising power of delivery of Sessions and Special Tribunal for the negligence of duty of inefficiency as noticed above. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 87. ..Category: Criminal Law | Date: | Hits: 73
Suresh Majumder and Others Vs. Government of Bangladesh & Others, 1998, 27 CLC (HCD)
.... the category of defendants and accordingly the plaint may be amended. Accordingly the Rule is disposed of without any order as to costs. Ed. This Case is also Reported in: 42 DLR (1990) 10. ......te Judge, Bakerganj impleading opposite party Nos.13-16 as defendants praying for a declaration of their rayati rights and title in the disputed land. It is asserted by the plaintiffs that they are recorded owner in possession of the property covered by R.S. Khatian No.61 at a jama of Tk.752/14 an......order as to costs. Ed. This Case is also Reported in: 42 DLR (1990) 10. ...... the category of defendants and accordingly the plaint may be amended. Accordingly the Rule is disposed of without any order as to costs. Ed. This Case is also Reported in: 42 DLR (1990) 10. ..Category: Procedural Law | Date: | Hits: 82
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: ......nfessional statements U/S 164 of the Code of Criminal Procedure of accused Babul, Piyas and Zamir. After giving his confessional statement accused Babul died before submission of the Charge Sheet. He recorded the statements of the witnesses U/S 161 of the Code of Criminal Procedure and collected the......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: ......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: ..Category: Criminal Law | Date: | Hits: 105
Hafez Mawlana Humayun Kabir Vs. Md. Lokman and others, 2012, 41 CLC (HCD)
....ths from the date of receipt of this judgment in accordance with law. Let a copy of this order along with the lower Court’s record be sent down at once. Ed. This Case is also Reported in: ......tiffs. 3. The defendants contested the suit by filing two separate written statements denying all the material allegations of the plaint contending, inter alia, that the suit property was rightly recorded in the MRR survey and the plaintiffs were fully aware of such record. The plaintiffs have n......fez Mawlana Humayun Kabir, Director, Hazrat Abu Sidique (Rh) Madrasha, Purba Keroya, Raipur, Laishmipur ................ Defendant-petitioner. Vs. Md. Lokman and others ......................Plaintiff-opposite parties. Judgment March 1, 2012. Result: The Rule is made absolute. ......ths from the date of receipt of this judgment in accordance with law. Let a copy of this order along with the lower Court’s record be sent down at once. Ed. This Case is also Reported in: ..Category: Procedural Law | Date: | Hits: 113
Zeenat Mosharraf Vs. Md. Sirajul Huq, District Anti-Corruption Officer & others, 2001, 30 CLC (HCD)
....t No.5 as contained in Annexure A‑1 are hereby declared to have been made without any lawful authority and are of no legal effect. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 457. ...... officer of a bank shall in any legal proceeding to which the bank is a party be compelled to produce any Banker's Book or to appear as witness to prove the matters, transactions and accounts therein recorded without any order of the court. Thus the Bank enjoys special privileges not to disclose inf......red to have been made without any lawful authority and are of no legal effect. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 457. ......t No.5 as contained in Annexure A‑1 are hereby declared to have been made without any lawful authority and are of no legal effect. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 457. ..Category: Criminal Law | Date: | Hits: 305
Abu Hena Mostafa Kamal & another Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....not in any way reopen any return submitted under section 82BB (1) of the Ordinance. Therefore, the impugned notices are illegal, without lawful authority and liable to be declared to have been passed wrongly. 10. Mr. Abdur Rahim Bhuiyan, the learned Deputy Attorney General appearing on behalf of ......es impugned against in all the petitions are hereby declared to have been passed without lawful authority and are of no legal effect. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 334. ......clared to have been passed without lawful authority and are of no legal effect. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 334. ......es impugned against in all the petitions are hereby declared to have been passed without lawful authority and are of no legal effect. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 334. ..Category: Fiscal/Taxation Law | Date: | Hits: 167
Sadia Chowdhury Parag Vs. Chairman, Film Censor Board & others, 2003, 32 CLC (HCD)
....াজ) It was at a later stage that the young Zamindar was attracted to much more younger Binodini who possessed beauty both in its raw and sublime manifestation. Binodini as she believed rightly or wrongly that she was married to Hason Raja naturally developed a sense of possession and laid a clai......r as to cost. The Producer and Director of the film "Hason Raja'' is at liberty to release/screen the film without any hindrance from anyone. Ed. This Case is also Reported in: 55 DLR (2003) 445.......ason Raja'' is at liberty to release/screen the film without any hindrance from anyone. Ed. This Case is also Reported in: 55 DLR (2003) 445.......r as to cost. The Producer and Director of the film "Hason Raja'' is at liberty to release/screen the film without any hindrance from anyone. Ed. This Case is also Reported in: 55 DLR (2003) 445...Category: Civil Law | Date: | Hits: 210
Moti Miah Vs. Ful Miah and others, 2008, 37 CLC (HCD)
....Send down the lower Court records along with a copy of the Judgment and order to the Court concerned. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 447; 13 MLR (HCD) (2008) 279. ......s and one daughter and thereafter by amicable partition the suit land went to plaintiff Moti Miah and at the time of recent survey operation, plaintiff, being in physical possession, got the property recorded in his name in the BS Khatian and thereafter took loan from Bangladesh Krishi Bank, Nasirna...... MA Kashem Bhuiyan, Advocate - For the Petitioner. None Appears - For the Opposite Parties. Civil Revision No. 5405 of 2004. Judgment Salma Masud Chowdhury J.- This Rule was issued calling upon the oppositeparties to show cause as to why the impugned Judgmentand decree dated 25-8-2004......Send down the lower Court records along with a copy of the Judgment and order to the Court concerned. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 447; 13 MLR (HCD) (2008) 279. ..Category: Property Law | Date: | Hits: 121
Nrependra Nath Saha and anothers Vs. Haripada Saha & another, 2009, 38 CLC (HCD)
....e is made absolute. The Judgments and decrees of the Courts below are hereby set aside. Send down the lower Court records at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 438. ......rt background of his case and pointed out the legal position of his case in the plaint that the owner of the suit property was one Thakur Das Shaha and Goshai Das Shaha and their names were correctly recorded in the DS Parcha being No.20. Thakur Das Shaha died leaving behind only one son Akhoy Kumar......09. Result: The rule is made absolute. Cases Referred to- Md. Sekandar Ali Shaikh Vs. Dilip Kumar, 3 MLR (AD) 69; Abid Ali Vs. Maleka Khatoon, 37 DLR 137; Nurun Nabi Mondal Vs. Joynal Abedin Khondker, 29 DLR (AD) 137. Lawyers Involved: Ibrahim Mollah, Advocate - For the Petitioners......e is made absolute. The Judgments and decrees of the Courts below are hereby set aside. Send down the lower Court records at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 438. ..Category: Property Law | Date: | Hits: 83