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Serajul Islam and others Vs. State, 1994, 23 CLC (HCD)

....m) fired a gun shot at Waliullah, who sustained serious injuries and fell on the ground. Thereafter appellant Abdul Gofran dealt a lathi blow on Waliullah causing serious injury and the other accused persons also assaulted the victim with iron rods, lathis, etc. Thereafter the victim was lifted from......hat the discrepancy between the evidence of P.W.2 and the First Information Report shows that P.W.2 was not at all present at the time of occurrence. Besides, P.W.2 a full brother of Waliullah, is an interested witness. The First Information Report does not mention P.W.2 as working as a labourer on ......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

Abdul Kader Vs. Abdullah and others, 1998, 27 CLC (HCD)

....e order of the Additional Commissioner (Revenue) dated 4-4-84 was affirmed. Thereafter, as it is alleged by the plaintiff, that the defendant 16, Government tried to settle the suit land to different persons in collusion with the defendants 1-15, although it is admitted that the plaintiffs were in p......ordingly, the Rule is made absolute. The judgment and decree of the appellate Court is set aside. The suit is dismissed. No costs. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 435. ...... Vs. Abdullah and others....………………Respondents Judgment February 17, 1998. Result: The rule is made absolute. Cases Referred to- Abdul Majid and other Vs. Province of East Pakistan & ors, 23 DLR 203; Benzir Ahmed Vs. Debendra Chandra Saha and others, 4 BL......ordingly, the Rule is made absolute. The judgment and decree of the appellate Court is set aside. The suit is dismissed. No costs. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 435. ..

Category: Property Law | Date: | Hits: 105

Humayun Matubbar Vs. State, 1998, 27 CLC (HCD)

....ous injury, that at this stage Jalal Molla (P.W.10) and Abdul Mazid Molla (P.W.11) came to rescue Sadek, but both of them were injured respectively by Siraj and Nurul Islam and that the three injured persons had been taken to the hospital for treatment. 2. On the basis of the First Information Re......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. ......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

Hazrat Ali Vs. Election Commission & others, 1989, 18 CLC (HCD)

....his submission that the Election Commission was coram non judice in the matter after 29.5.88. 14. The Local Government (Union Parishad) Ordinance, 1983 provides in section 25 that the names of all persons elected as Chairman and elected Members of a Union Parishad shall, as soon as may be after s......26. For the reasons stated above the Rule is made absolute but in the facts and circumstances of the case we make no order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 486.......cts and circumstances of the case we make no order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 486.......26. For the reasons stated above the Rule is made absolute but in the facts and circumstances of the case we make no order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 486...

Category: Election Law | Date: | Hits: 216

Anwar Hossain Maji (Md.) & others Vs. State, 1988, 17 CLC (HCD)

....The facts of the case are that informant OP 2 Md. Musa Gazi lodged FIR. at Bhederganj PS. On U.5.87 alleging that on 13.5.87 at the instance of accused petitioner Md. Anwar Hossain Maji, 22 ac­cused persons named in FIR along with about 100 others came to the village of Narsinghapur all on a sudden......t Magistrate, Additional Chief Magistrate and the Court of Sessions). On the above grounds the application is sum­marily rejected. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 410. ......he Court of Sessions). On the above grounds the application is sum­marily rejected. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 410. ......t Magistrate, Additional Chief Magistrate and the Court of Sessions). On the above grounds the application is sum­marily rejected. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 410. ..

Category: Procedural Law | Date: | Hits: 127

Sheikh Ahmed & others Vs. Abdul Alim, 1988, 17 CLC (HCD)

....uncorrobo­rated evidence of defendant No.1 to the effect that the defendants were in possession of the disputed land through Obaidul Huq and Serajul Haque as the de­fendants failed to examine those persons in support of their possession in the disputed land. The lower appellate Court with regard t......ore me. I affirm the judgment and decree of the lower ap­pellate 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.......a Kamal Pasha, Advocate—For the Petitioners. AKM Abdul Hakim, Advocate—For the Op­posite 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 ap­pellate 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)

....ikder to effect the registration of the said deed and, in fact, the Sub-Registrar came to the house of Abdur Rahman Sikder and registered the deed on commission, and in presence of highly respectable persons of the locality the deed was signed by Abdur Rahman Sikder and was duly attested by those pe......and 8 it appears that P.W.7 used to borga cultivate under the plaintiff, P.W.3 is also a borga cultivator under the plaintiff, P.W.4 is also a borga cultivator under the plaintiff. So all of them are interested witnesses and were deposing in favour of the plaintiff. It may be mentioned here that the......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)

....ed Kofi­luddin dragged him to the west of his house. The victim further told them that when he was taken to the eastern side of his house he gave a cry. The informant further stated that the accused persons came to the place of occurrence after 2/3 minutes after their arrival. At that time the vict......o months from the date of occurrence and P.W.5 Moshin Ali was defeated by Abdul Khaleque. It also appears from the evidence of the P.Ws. that the informant and P.W.5 Mohsin Ali Chairman were the most interested persons in this case—they have looted away the properties of victim Abdul Hakim after t......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

Shahidulla @ Md. Shahidulla & others Vs. State, 1988, 17 CLC (HCD)

....left hand of the victim. Amjad and accused-petitioner No.3 Asheque @ Md. Asheque Ali apart from his order, gave a ballam blow at the thigh and the abdomen of the said vic­tim, and some other accused-persons including ac­cused-petitioner No.2 Siddique and accused-petitioner No.4 Mokhtar gave lathi ......he satisfaction of the Deputy Commissioner, Dinajpur till commence­ment of the trial of this case before the learned Ses­sions Judge. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 394.......ajpur till commence­ment of the trial of this case before the learned Ses­sions Judge. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 394.......he satisfaction of the Deputy Commissioner, Dinajpur till commence­ment of the trial of this case before the learned Ses­sions Judge. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 394...

Category: Criminal Law | Date: | Hits: 74

Rajendra Nath Shaha @ Rajendra Prasad Shaha & another Vs. Md. Sonaullah Pramanik & others, 1989, 18 CLC (HCD)

....isposal in accordance with law and consonant to the observations made by this Court. The parties shall bear their respective costs. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 393. ......sition in the following words:- "If by exclusive possession of joint estate is meant that one member of the joint family alone occupies it, that by itself affords no evidence of exclusion of other interested members of the family; Uninterrupted sole possession of such property, without more, must......s. Md. Sonaullah Pramanik & others..................................Opposite Parties Judgment August 8, 1989. Result: The Rule is made ab­solute. Cases Referred to- Hardit Singh Vs. Gurmukh Singh, AIR 1928 (PC) 1; Abdul Jalil Sikdar and others Vs. Khorshed Ali Dakua and or......isposal in accordance with law and consonant to the observations made by this Court. The parties shall bear their respective costs. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 393. ..

Category: Administrative Law | Date: | Hits: 488

Fazlul Hoque & Others Vs. State, 1989, 18 CLC (HCD)

....i in a 'malkocha' fashion and lying 'chadar' around their waist. He recognised them in the electric lights of his shop and the bazar and also found blood stain on the clothes of some of the ac­cused persons. Witness Joynal and Ahmed also in­formed him that at about 8-15 P.M. on that dale 10/12 per......n accor­dance with law expeditiously. Let a copy of this judgment and order be sent to the Upazila Magistrate, Trishal immediately. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 477.......gment and order be sent to the Upazila Magistrate, Trishal immediately. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 477.......n accor­dance with law expeditiously. Let a copy of this judgment and order be sent to the Upazila Magistrate, Trishal immediately. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 477...

Category: Procedural Law | Date: | Hits: 113

Saju Hosein Vs. Press Appellate Board and others, 2011, 40 CLC (HCD)

....tion in his favour. 43. What is crystal clear from the relevant provisions of the Act are that a Declaration in respect a news paper can only be authenticated in favour of one person or one set of persons only, which connotes that so long as the incumbent retains the authentication or the same is......r. Ahad, vide another Deed, Cancelled the Deed of Transfer. A Declaration cannot be transferred in any manner. Existing publisher can only sign “Form C” and resign from his post as publisher. Any interested person can, afterwards, file an application to the DM by executing “Form B”, and it i......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)

....three others alleging, inter alia, that in the previous night at about 9.00 p.m. an altercation took place at house No.13, Jadunath Basak Lane between his brother Dilip Kumar Majumder and the accused persons. After ten/fifteen minutes of the altercation, they came back, got on the roof of adjacent h......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:......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

Sirajuddin Sarkar Vs. Md. Fazlul Haque and others, 2012, 41 CLC (HCD)

.... 1955-56 with goodwill and reputation. It had also registered the trade marks “Maanco” and “Manco” in its name and obtained exclusive right to use the trade marks on its products. The accused persons (herein opposite parties) incorporated a company named “Manco Casting Industries Ltd.” i......e No.2958 of 1994 under sections 482 and 483 of the Penal Code in accordance with law. Communicate a copy of the judgment. Soumendra Sarder J.- I agree. Ed. This Case is also Reported in: ......f the Penal Code in accordance with law. Communicate a copy of the judgment. Soumendra Sarder J.- I agree. Ed. This Case is also Reported in: ......e No.2958 of 1994 under sections 482 and 483 of the Penal Code in accordance with law. Communicate a copy of the judgment. Soumendra Sarder J.- I agree. Ed. This Case is also Reported in: ..

Category: Procedural Law | Date: | Hits: 114

Md. Manzil alias Md. Manzil Miah Vs. State, 2012, 41 CLC (HCD)

....covered a German origin revolver from his waist. He (P.W.1) had prepared a seizure list on the spot and obtained signatures of the seizure list witnesses thereon. Thereafter, he produced the arrested persons along with the revolver to Daulatpur police station and lodged the ejahar. He proved the sei......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: ......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: ...... do it for illegal gain or out of fear of life and honour. 13. It is a well settled principle of law that the evidence of police personnel can form the basis of conviction if they appear to be not interested and their evidence are reliable, consistent and without any contradiction. This view lend......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

Sahajahan and others Vs. State, 2012, 41 CLC (HCD)

....s superior authority and requested for additional police force. On being reinforced with additional force, the police team had restored law and order at the polling centre, rescued one of the injured persons from the house of Selim Chowdhury, collected the names of the offenders from the local eye w......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: ......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: Criminal Law | Date: | Hits: 124

Noab Mia and another Vs. State, 2012, 41 CLC (HCD)

....on, widow and brother-in-law respectively of the informant. P.Ws.4-5 Dr. Abdul Kader and Chand Badsha respectively were two local witnesses. All of them supported the prosecution case. As the accused persons were absconding, the prosecution witnesses were not cross-examined. After conclusion of tria......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: ......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)

....ated. The trail Court is directed to proceed with the case in accordance with law and conclude the trial expeditiously. Before holding further trial, the Court will serve notices upon all the accused persons and give them reasonable opportunity to appear before the Court and shall consider their pra......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: ......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

Adamjee Jute Mills Ltd. Vs. Chairman, Third Labour Court, and another, 1989, 18 CLC (HCD)

....and that the employee was given an opportunity to defend himself in allowing him to cross-examine the witnesses and to call evidence in his support, and that the tribunal was constituted by impartial persons and that there were materials before the domes­tic tribunal to come to a finding." It wa......missal of the respondent No.2 is modi­fied to the extent that the dismissal of respondent No.2 be treated as discharge from service. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 371. ......nt that the dismissal of respondent No.2 be treated as discharge from service. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 371. ......missal of the respondent No.2 is modi­fied to the extent that the dismissal of respondent No.2 be treated as discharge from service. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 371. ..

Category: Labour and Industrial Law | Date: | Hits: 160