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Akbar Hossain (Md.) Vs. Bangladesh and others, 1996, 25 CLC (HCD)
....d superfluous order to this effect. With the above observation, the Rule is, accordingly, discharged without any order as to costs. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 291. ......observation, the Rule is, accordingly, discharged without any order as to costs. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 291. ......ns run as follows: “(5) A Court of Settlement shall, after such enquiry as it may deem necessary and after giving reasonable opportunity to the parties concerned of being heard and also adducing evidence, both oral and documentary, if any, make such decision on the prayer of the applicant as it..Category: Property Law | Date: | Hits: 77
Arzan @ Iman Ali Vs. State, 1996, 25 CLC (HCD)
....ion with any other case. Accused Fazlul Huq, against whom the order of warrant of arrest was issued, the same be revoked or withdrawn. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 287. ......gainst whom the order of warrant of arrest was issued, the same be revoked or withdrawn. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 287. ...... Sessions Case No.33/89 on 6-9-91 have been heard together and will now be disposed of by this common Judgment. 2. The short facts as narrated in the First Information Report and gathered from the evidence are as follows: 3. On 10-12-88 at about 7/7-30 PM while the informant Shafiqul Islam was..Category: Criminal Law | Date: | Hits: 75
Wahida Khan Vs. Shahar Banoo Ziwar Sultan and State, 1994, 23 CLC (HCD)
....order to the civil Court immediately for expeditious disposal of Title Suit No.48 of 1973/6 of 1986. Send down the records at once. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 286. ......itious disposal of Title Suit No.48 of 1973/6 of 1986. Send down the records at once. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 286. ......r section 471, Section 475 or section 476 of the same Code, when such offence is alleged to have been committed by a party to any proceeding in any Court in respect of a document produced or given in evidence in such proceeding, except on the complaint in writing of such Court, or of some other Cour..Category: Procedural Law | Date: | Hits: 71
Rais Ali alias Md. Rais Ali and others Vs. Mst. Hajera Khatun and others, 2009, 38 CLC (HCD)
....the time of issuance of the rule is hereby vacated. Send down the lower Court records alongwith a copy of the judgment immediately. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 62. ......Parties Judgment October 13, 2009. Result: The rule is discharged. Cases Referred to- Aklasur Rahman and others Vs. Safarullah and others, 42 DLR (AD) 189= 14 BLD (AD) 20; Fazar Uddin Vs. Maijuddin and others, 14 BLD (AD) 29= 44 DLR (AD) 62; Mst. Rokeya Begum Vs. Md. Abu Zaher and...... 4. Three P.Ws. were examined on behalf of the preemptors while 4 O.P.Ws. were examined on behalf of the preemptors in support of their respective cases. 5. The trial Court on consideration of the evidence and the materials on record by judgment and order dated 13.09.2001 rejected the prayer for ..Category: Civil Law | Date: | Hits: 192
Khurshida Begum Vs. Monira Begum and others, 2008, 37 CLC (HCD)
.... Office is directed to send down the record of the case at once with a copy of the Judgment for information and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 91. ......of the case at once with a copy of the Judgment for information and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 91. ......ccount the defence version of the case." 12. In the said case at paragraph 12, it has been observed: "High Court Division will see that on the facts disclosed in the petition of complaint or in evidence taken in inquiry by the Magistrate, no offence disclosed on the basis of prosecution materi..Category: Criminal Law | Date: | Hits: 177
Habib Khan Vs. State, 2012, 41 CLC (HCD)
....ore Hafazat Nirapad Abssan are directed to set at liberty the victim Mosammat Rokeya Dil Afroz Munmun forthwith. This Case is also Reported in: 64 DLR (HCD) (2012) 462, 18 MLR (HCD) (2013) 19. ...... at liberty the victim Mosammat Rokeya Dil Afroz Munmun forthwith. This Case is also Reported in: 64 DLR (HCD) (2012) 462, 18 MLR (HCD) (2013) 19. ......d the offence committed by the accused Md. Arif Khan, rather contradicts the charge-sheet. She has been in custody without any fault of her. 21. In of the facts and circumstances of case, material evidence on record and the decisions referred hereinbefore since the victim Mosammat Rokeya Dil Afro..Category: Criminal Law | Date: | Hits: 176
Dr. S.M. Eunus Ali Vs. Artha Rin Adalat and others, 2012, 41 CLC (HCD)
....as to cost. The stay order stands vacated. Send copy of this judgment to the Artha Rin Adalat, 2nd Court, Jessore. Nozrul Islam Chowdhury J.-I agree. Ed. This Case is also Reported in: ......opy of this judgment to the Artha Rin Adalat, 2nd Court, Jessore. Nozrul Islam Chowdhury J.-I agree. Ed. This Case is also Reported in: ......pport of his case. Besides, both the parties produced some relevant papers and documents which were duly marked as exhibits in the Artha Rin suit. 6. The Artha Rin Adalat upon consideration of the evidence on record passed the impugned order dated 25.7.2004 and thereby decreed the suit against th..Category: Civil Law | Date: | Hits: 254
Md. Shahid Bepari @ Shahidullah and other Vs. State, 2009, 38 CLC (HCD)
....er and Abul Kalam are discharged from the respective bail bond. Send down the lower Court records with a copy of Judgment at once. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 130. ...... records with a copy of Judgment at once. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 130. ......inal law and justice delivery system is that the accused should be presumed to be innocent till the charges are proved beyond reasonable doubt on the basis of clear, cogent, credible or unimpeachable evidence. In a criminal trial, the burden of proving guilt of the accused beyond all reasonable doub..Category: Criminal Law | Date: | Hits: 153
Mehir Chandra Bhomick Vs. Deputy Commissioner, Brahmanbaria and others, 2007, 36 CLC (HCD)
....rlier by this Court stands vacated. 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: 13 MLR (HCD) (2008) 22. ......issioner, Brahmanbaria and others....................Opposite parties Judgment August 28, 2007. Result: The Rule is made absolute. The law of enemy property died with the repeal of Ordinance No.1 of 1969 on 23.3.74 and no further vested property case can be started thereafter on the ......and obtained the present Rule. 8. Mr. Moshfiqueuddin Bakhtiar, the learned Advocate appearing on behalf of the petitioner submits that the Court of appeal below without considering the documentary evidence that is Exhibits 1-5 allowed the appeal by setting aside the judgment and decree passed by ..Category: Property Law | Date: | Hits: 155
A. Aziz Mollick Vs. State, 2008, 37 CLC (HCD)
....manbaria on further undertaking to produce the same to the Court on and when directed by the same. 18. Copy be sent down at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 230. ...... same to the Court on and when directed by the same. 18. Copy be sent down at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 230. ......may make such order as it thinks fit for the proper custody of such property pending conclusion of enquiry and trial and if the property is subject to speedy or natural decay may after recording such evidence as it thanks necessary, order it to be sold or otherwise disposed of." 14. In view of ab..Category: Procedural Law | Date: | Hits: 194
Md. Nur Alam and another Vs. State, 2012, 41 CLC (HCD)
....w for securing their arrest. Send a copy of this judgment and order to the said court along with the lower court records. Md. Emdadul Huq J. - I agree. Ed. This Case is also Reported in: ...... this judgment and order to the said court along with the lower court records. Md. Emdadul Huq J. - I agree. Ed. This Case is also Reported in: ......So even if the GD is treated as the FIR, and the formal FIR as a statement recorded under section 161 of the Code, 1898, that does not in any way affect the credibility of the prosecution case or the evidence on record as a whole……......….(34) Case Referred to- The State Vs. Md. Farid Ka..Category: Criminal Law | Date: | Hits: 170
Gopinath Das and others Vs. Government of Bangladesh & others, 2010, 39 CLC (HCD)
....of the giant design to grab, if at all, such a huge tract of land in the city centre. Communicate a copy of the Judgment at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 167. ......nce. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 167. ......d favour with the superior Courts. In Bangladesh Vs. A. Wadud, 25 DLR (SC) 90, it is held: Absence of defendant cannot give the plaintiff an occasion to obtain an ex parte decree without producing evidence in support of his claim. This view is consistently subscribed by the superior Courts in a..Category: Property Law | Date: | Hits: 149
Shah Alam (Md.) Vs. Bangladesh Water Development Board, 2012, 41 CLC (HCD)
....rder of stay at the time of issuance of the rule is hereby vacated. Let a copy of the Judgment be sent to the Court below at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 245. ......be sent to the Court below at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 245. ......ccompany with written objection or to be filed along with the written objection. 32. Provided that where the Court deems it just and expedient, it may set down the application for hearing on other evidence also, and it may pass such orders for discovery and particulars as it may do in a suit. ..Category: Civil Law | Date: | Hits: 195
Bank of Small Industries & Commerce Bangladesh Vs. Shahabuddin Ahmed, 2012, 41 CLC (HCD)
....receipt of the lower Court records. Send down the LCRs along with a copy of the Judgment and order to the Court below immediately. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 241. ......isional Jurisdiction) Present: Khondker Musa Khaled J SH Md. Nurul Huda Jaigirdar J Bank of Small Industries & Commerce Bangladesh…………………..Petitioner Vs. Shahabuddin Ahmed……………………Opposite-Parties Judgment March 14, 2012. Result: The ru......e appearing on behalf of the petitioner-Bank (decree holder), submits, that the learned Judge of the Execution Court ought to have investigated into the claim of the 3rd party by taking necessary evidence as contemplated under Order XXI Rule 58 of the Code of Civil Procedure. He submits that it ..Category: Civil Law | Date: | Hits: 161
Harunor Rashid Halder Vs. Entaj Sheik & others, 1983, 12 CLC (HCD)
....Rule is discharged. The impugned proceeding is set aside. Send down the record at once. Abdul Matin Khan Chowdhury J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 286. ......own the record at once. Abdul Matin Khan Chowdhury J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 286. ......roceeding under section 145 Cr.P.C. but he cannot on the same date without service of notice upon the second party pass an ex parte order of attachment. The said Bench found further that there was no evidence of extreme emergency which would require an attachment without hearing the parties an provi..Category: Criminal Law | Date: | Hits: 88
Azibur Rahman Alias Arzu Vs. Kala Miah & another, 1982, 11 CLC (HCD)
..... The appeal and the Rule are accordingly disposed of. Parties are made to bear their own costs. Chowdhury ATM Masud J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 77. ......This Case is also Reported in:35 DLR (HCD) (1983) 77. ...... to investigate the claim of respondent before making any order. The learned Subordinate Judge, however, did not make any investigation in accordance the law and did not ask the parties to adduce any evidence and has passed the impugned order simply on the allegation of the respondent No.2. The le..Category: Procedural Law | Date: | Hits: 146
Kazi Nurul Haque Vs. State, 1983, 12 CLC (HCD)
....ned to call for any witness and examine him under section 454C of the Code of Criminal Procedure. Mohammad Abdur Rouf J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 352. ......he Code of Criminal Procedure. Mohammad Abdur Rouf J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 352. ......son allegedly misappropriated 442 maunds of wheat. After investigation the police submitted a charge-sheet against the accused persons. 3. In the trial the prosecution adduced oral and documentary evidence, and after the close of evidence the learned judge heard the arguments of both sides and fi..Category: Criminal Law | Date: | Hits: 70
Shaikh Obaidul Haq Vs. State & another, 1986, 15 CLC (HCD)
....n 420 of the Penal Code now pending in the Court of Chief Metropolitan Magistrate, Dhaka be quashed. Latifur Rahman, J.- I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 105. ......olitan Magistrate, Dhaka be quashed. Latifur Rahman, J.- I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 105. ......rst Information Report or the complaint even if they are taken at their face value and accepted in their entirety, do not constitute the offence alleged. In such cases no question of appreciating evidence arises, it is a matter merely of looking at the complaint or the First Information Report..Category: Criminal Law | Date: | Hits: 67
Sultana Ara Begum Vs. Secretary, Ministry of Home Affairs & others, 1985, 14 CLC (HCD)
....maluddin Ahmed alias Jamal Ahmad be set at liberty at once. In the result, the Rule is made absolute. Md. Abdul Jalil, J.- I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 93. ......ult, the Rule is made absolute. Md. Abdul Jalil, J.- I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 93. ......maluddin Ahmed alias Jamal Ahmad be set at liberty at once. In the result, the Rule is made absolute. Md. Abdul Jalil, J.- I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 93. ..Category: Criminal Law | Date: | Hits: 78
Hasan Malik (Md.) @ Titu Vs. State, 2009, 38 CLC (HCD)
....the Penal Code. He is set at liberty forthwith if not wanted in any other connection. Send down the lower Court records accordingly. Ed. This Case is also Reported in: 61DLR (HCD (2009) 303. ...... if not wanted in any other connection. Send down the lower Court records accordingly. Ed. This Case is also Reported in: 61DLR (HCD (2009) 303. ......ead over and explained to the accused to which he pleaded not guilty and claimed to be tried. 5. To prove the charge, prosecution examined as many as 13 witnesses. After closure of the prosecution evidence, the accused was examined under section 342 of the Code of Criminal Procedure but he explai..Category: Criminal Law | Date: | Hits: 91
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