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Md. Altab Hosen and others Vs. Md. Muhammad Ali and others, 2005, 34 CLC (HCD)
....akundia, Kishoreganj is directed to decide the suit on merit within a period of 6(six) months from the date of receipt of this order. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 187. ......vil) Present: Shahidul Islam J Md. Altab Hosen and others……………………………..Defendants-Petitioners Vs. Md. Muhammad Ali and others…………………………….Plaintiff-Opposite Parties Judgment December 4, 2005. Result: The Rule is made absolute. ......s been made in the prayer of temporary injunction application. Whether the committee has been framed legally or illegally is a question of fact and that can be decided by the trial Court after taking evidence of both the parties. The Managing Committee in question having started functioning since be..Category: Civil Law | Date: | Hits: 107
Md. Abul Mollah and another Vs. State, 2006, 35 CLC (HCD)
....l bond. 27. Send down the lower Courts record at once with a copy of the Judgment for information and for taking necessary action. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 184. ......rd at once with a copy of the Judgment for information and for taking necessary action. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 184. ......wo witnesses namely P.W.5, Md. Golam Rahman and P.W.6 Nasiruddin for cross-examination but the defence declined to cross-examine them. The defence examined none. 6. After closer of the prosecution evidence while the accused on dock, when examined under section 342 of the Code of Criminal Procedur..Category: Criminal Law | Date: | Hits: 71
Shah Newaj Chowdhury @ Swapan and others Vs. State and another, 2010, 39 CLC (HCD)
....ted earlier by this Court shall stand vacated. Communicate the order at once to the concerned. Salma Masud Chowdhury J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 371. ...... Communicate the order at once to the concerned. Salma Masud Chowdhury J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 371. ......nt dated 17.08.2005 it has been recorded that, "both the parties claimed their possession. Whether the complainant party or the accused-petitioners are in possession of the case land is a matter of evidence to be decided at the time of trial. It appears from the annexure of the instant miscellaneo..Category: Criminal Law | Date: | Hits: 54
Ahmed Hossain and others Vs. Md. Samsur Ali Mondal and others, 2006, 35 CLC (HCD)
....e appeal as early as possible preferably within four months from the date of receipt of this order. Communicate the order at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 181. ....... Communicate the order at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 181. ......tion was rejected by order dated 30.5.99 (Annexure-A) on the ground that the petitioners could not establish their clear right, title and interest in the suit land by producing sufficient documentary evidence and thereupon the petitioners after collecting all relevant papers in support of their righ..Category: Property Law | Date: | Hits: 96
State Vs. Arman Ali and another, 2008, 37 CLC (HCD)
....t and order and materials available in the paper books. 14. Ms. Nahid Sultana submits that the condemned persons are quite innocent and they have been falsely implicated in this case basing on the inadmissible confessional statement which were procured by torture and coercion; that the trial co......or 6 (six) months. Send down the L.C.R. at once. Muhammad Abdul Hafiz J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 47. ......ons and the accused persons present pleaded not guilty and claimed to be tried. 7. The prosecution examined 12 witnesses who were cross-examined by the defence and the defence did not adduce any evidence. 8. After the completion of the examination of the prosecution witnesses, the accused pe..Category: Criminal Law | Date: | Hits: 106
Ejlash Mia Vs. State, 2010, 39 CLC (HCD)
....tence as per provisions of Section 35 A of the Code of Criminal Procedure. Md. Abdus Samad.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 17; 15 MLR (HCD) (2010) 228. ...... Code of Criminal Procedure. Md. Abdus Samad.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 17; 15 MLR (HCD) (2010) 228. ......es for the prosecution and none for the defence were examined in this case. Ultimately, the learned Additional Sessions Judge, 6th Court and Special Tribunal No.14, Chittagong having considered the evidence on record convicted all the aforesaid 3 accused persons including the petitioner, Ejlash Mi..Category: Criminal Law | Date: | Hits: 90
Md. Siddique Miah Vs. Most. Mazeda Begum and others, 2009, 38 CLC (HCD)
....without any order as to cost. The order of stay granted earlier stands vacated. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 362. ...... Judgment August 18, 2009. Result: The Rule is discharged. Case Referred to- Md. Abdur Rahim and others Vs. Sree Sree Gredhari Jeo, 27 DLR 72. Lawyers Involved: Md. Sagir Hossain Leon, Advocate - For the petitioner. Md. Fakhar Uddin, Advocate - For the opposite party......without any order as to cost. The order of stay granted earlier stands vacated. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 362. ..Category: Limitation Law | Date: | Hits: 147
Mohammad Badiuzzaman Vs. Bangladesh and Others, 2010, 39 CLC (HCD)
....f 1998, to be stayed. Accordingly, the prayer is refused. There is no order as to costs. Moyeenul Islam Chowdhury J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 208. ......rit Petition No.6451 of 2007) Vs. Bangladesh and Others…………………………………Respondents (In both the Writ Petitions) Judgment April 12, 13, 2010. Result: The Rule in Writ Petition No.2669 of 2000 is made absolute in part. The Rule in Writ Petition No.6451 of ......stained, there was hope for the peaceful co-existence of the tribal and non-tribal people, which would allow the tribesmen to preserve their own life and culture." 15. Therefore, as part of and in evidence of the latest phase in apolitical arrangement or exercise to restore peace in the CHT, on 2..Category: Constitutional Law | Date: | Hits: 314
Jewel Vs. State, 2005, 34 CLC (HCD)
..... 1908 and he is acquitted of the charge. Send down the lower Court's records at once with a copy of the Judgment for information. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 310. ......end down the lower Court's records at once with a copy of the Judgment for information. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 310. ......vestigating officer examined as P.W.7, P.W.2 S.I. Md. Selim Azad filled up the First Information Report form and P.W.4 Babul is the witness of the seizure list. 7. After closure of the prosecution evidence the accused on dock were examined under section 342 of the Code of Criminal Procedure again..Category: Criminal Law | Date: | Hits: 85
Soharaf Uddin alias Soharab Vs. State, 2008, 37 CLC (HCD)
....le thus fails. In the result the rule is discharged. Let the LCR be sent down immediately. Muhammad Abdul Hafiz J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 189. ......scharged. Let the LCR be sent down immediately. Muhammad Abdul Hafiz J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 189. ......xamined by the defence. 5. After completion of the examination of the P.Ws., the accused person were examined under section 342 of the Code of Criminal Procedure and the defence did not adduce any evidence. 6. The defence case as it transpires from the trend of cross examination and the sugges..Category: Criminal Law | Date: | Hits: 99
Mizanur Rahman Vs. Surma Khatun, 1998, 27 CLC (HCD)
....ourt is directed to take steps after receiving the records for securing arrest of the petitioner to serve out the remaining sentence. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 559. ...... the records for securing arrest of the petitioner to serve out the remaining sentence. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 559. ......ission for the second marriage. Another ground is that, the appellate Court was not empowered to award sentence of fine in addition to the sentence of imprisonment. 3. Perused the judgment and the evidence on record. It appears that in this case the accused also examined three witnesses and those..Category: Procedural Law | Date: | Hits: 105
Abdur Jabbar Sheikh Vs. Md Rafiqul Islam and others, 2010, 39 CLC (HCD)
....side and that of the trial court is restored. However, there shall be no order as to cost. Send the LCR back to the courts below. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 470. ......orted in: 16 MLR (HCD) (2011) 470. ......plaintiff is the attesting witness in the document of sale through which the defendant No.3 purchased the adjacent land argued that the appellate court miserably failed to consider the circumstantial evidence that the probability of genuinity of the Bainapatra is in favour of the plaintiff, sin..Category: Property Law | Date: | Hits: 119
AKM Fayekuzzaman Vs. State and another, 2010, 39 CLC (HCD)
....ce, if any, if she wished under actual facts. Let a copy of this Judgment be sent to the trial Court at once for necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 37. ...... Let a copy of this Judgment be sent to the trial Court at once for necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 37. ......nder section 265C Cr.P.C. 19. The legislature has enacted section 265C apparently to protect the accused from facing the agony of futile and useless trial when the statementsof the complainant and evidence available on record do not make out prima facie case against the accused. Just as the accus..Category: Criminal Law | Date: | Hits: 99
Eddystone Broadcast Vs. Government of Bangladesh & Others, 2010, 39 CLC (HCD)
....ioner's tender in accordance with law in the light of the findings made in the body of the Judgment. There is no order as to costs. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 7. ......he findings made in the body of the Judgment. There is no order as to costs. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 7. ...... prior to their acceptance. (emphasjs is ours) (2) Such grounds for rejection are justified when the tenders, proposals or quotation submitted are not substantially responsive, or where there is evidence of lack of competition, or where all tender, proposal or quotation prices substantially e..Category: Others | Date: | Hits: 127
Sohel Monir Vs. State, 1996, 25 CLC (HCD)
....pon the appellant is hereby set aside and the appellant is acquitted of the charge. The appellant is discharged from his bail bond. Ed. This case is also Reported in:49 DLR (HCD) (1997) 407. ......ppellant is acquitted of the charge. The appellant is discharged from his bail bond. Ed. This case is also Reported in:49 DLR (HCD) (1997) 407. ......ccused appellant under section 25B(1)(b) and section 25D 25B(1) of the Special Powers Act, respectively. The accused appellant to which pleaded not guilty. He was also examined after the close of the evidence under section 342 of the Code of Criminal Procedure. 5. As many as 13 witnesses were exa..Category: Criminal Law | Date: | Hits: 100
Mahmudul Huq and others Vs. Nowab Ali Chowdhury and others, 1995, 24 CLC (HCD)
.... from the date of receipt of the lower Court record. Let the lower Court record be sent down to the Court concerned expeditiously. Ed. This case is also Reported in:49 DLR (HCD) (1997) 405. ...... Advocate - For Opposite Party Nos.4 and 5. Omar Farook, Advocate ‑ For Opposite Party Nos.10, 11 and 12. Civil Revision No.5695 of 1991. Judgment Kazi Ebadul Hoque J.- This Rule at the instance of the plaintiff-petitioners is against Judgment and decree dated 12‑5‑1990 passed by......and payment of ad valorem Court‑fee by the plaintiffs it cannot be doubted that plaintiffs' suit was for declaration of title and partition. 14. Court of appeal below did not at all consider the evidence, both oral and documentary, adduced by the parties and considered by the trial Court. Thus ..Category: Property Law | Date: | Hits: 97
State Vs. Kamal Ahmed, 1997, 26 CLC (HCD)
....d appellant Mofazzal Ali Haider @ Md. Haider Ali under section 120B of the Penal Code is set aside and he is acquitted of that charge. Ed. This case is also Reported in:49 DLR (HCD) (1997) 381. ......li under section 120B of the Penal Code is set aside and he is acquitted of that charge. Ed. This case is also Reported in:49 DLR (HCD) (1997) 381. ...... during his deposition. He then said that the smaller of the two weapons, was found in possessionof Kamal while the bigger one was in the hand of Emdad. The revolvers and the bullets were admitted in evidence as material evidence II series and the emptycartridges III series. He also identified the m..Category: Criminal Law | Date: | Hits: 131
Jobaida Rashid Vs. State, 1997, 26 CLC (HCD)
....sued by this Court so far other accused persons of the case are concerned is hereby vacated. The Rule is accordingly made absolute. Ed. This case is also Reported in:49 DLR (HCD) (1997) 373. ......s of the case are concerned is hereby vacated. The Rule is accordingly made absolute. Ed. This case is also Reported in:49 DLR (HCD) (1997) 373. ......ter the alleged occurrence of 15th August 1975. That out of 74 witnesses examined none implicated the petitioner with the offence of criminal conspiracy or murder with common intention or suppressing evidence and, as such, the framing of the charge and her prosecution would be an abuse of the proces..Category: Criminal Law | Date: | Hits: 107
State and others Vs. Sheema Begum and others, 2004, 33 CLC (HCD)
....rty if not wanted with any other connection. Send down the L.C.R. to the Court of the Additional Sessions Judge, Pirojpur at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 265. ...... Send down the L.C.R. to the Court of the Additional Sessions Judge, Pirojpur at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 265. ......onvict appellants as aforesaid. 3. The prosecution in this case has examined as many as all P.Ws. to prove the case of murder while the condemned prisoner and convict appellants did not adduce any evidence. 4. The learned Counsel for the condemned prisoner including the convict appellants subm..Category: Criminal Law | Date: | Hits: 94
Md. Nazrul Islam Mollah alias Nazrul Islam Mollah Vs. State and another, 2009, 38 CLC (HCD)
....scharged. Stay granted earlier by this Court at the time of issuance of the Rule is hereby vacated. Md. Abdus Samad J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 103. ......t at the time of issuance of the Rule is hereby vacated. Md. Abdus Samad J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 103. ......itial intention of the accused to deceive the informant and all these disclose the offence as alleged. Mr. Diliruzzaman further submits that it will be for the informant to prove his allegations by evidence at the trial and that he can not be shut out at this stage by telling him that his remedy l..Category: Criminal Law | Date: | Hits: 108
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