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Jashimuddin (Md.) alias Md. Jashimuddin Vs. Dali Begum and another, 2003, 32 CLC (HCD)

....plaintiff. The plaintiff is residing in the house of her father with distress and hence the suit for dower and maintenance. 3. The defendant No. 1 appeared and contested the suit by filing written statements denying the material allegations of the plaintiff and contended that there is no cause of...... In that view of the matter, the Rule is discharged without any order as to costs. The stay order granted by this Court is hereby vacated. Ed. This Case is also Reported in: 56 DLR (2004) 358. ..

Category: Family Law | Date: | Hits: 186

Masud Mia (Md.) Vs. State, 2003, 32 CLC (HCD)

....ated that he visited the place of occurrence, seized the alamats as per seizure list, prepared the sketch map of the place of occurrence with separate index, examined the witnesses and recorded their statements under section 161 of the Code of Criminal Procedure. In cross-examination he stated that ...... Md. Masud Mia be set at liberty forthwith if not wanted in connection with any other case. Send down the lower Court's records at once. Ed. This Case is also Reported in: 56 DLR (2004) 352. ..

Category: Criminal Law | Date: | Hits: 45

Hasna Banu Vs. Bangladesh and others, 2004, 33 CLC (HCD)

....d at the time of issue of the Rule on 9‑3‑1997 is hereby recalled and vacated. Send down the record at once. Communicate at once. Ed. This Case is also Reported in: 56 DLR (2004) 344. ...... separate deeds of sale dated 27‑6‑1981 and 15‑11‑1981 transferred the suit land to the plaintiff and delivered her possession. The plaintiff got her name mutated and possessed on payments of rents. 4. The suit land was then recorded first in the name of Chan Miah in RS Khatian and then a..

Category: Property Law | Date: | Hits: 76

Saifuzzaman (Md.) Vs. State and others, 2003, 32 CLC (HCD)

....he learned Magistrate did not assign any reason and made laconic orders observing "প্রার্থনা মঞ্জুর" No counter-­affidavit has been filed by the State controverting the statements made in the petitions. Learned Additional Attorney-General has not disputed the facts sta......4730 of 2001 arising out of Tejgaon PS Case No. 98 dated 28‑12‑2001 are hereby set aside. The detenus are released of their bail bonds. Ed. This Case is also Reported in: 56 DLR (2004) 324. ..

Category: Criminal Law | Date: | Hits: 70

State Vs. Ershad Ali Sikder and others, 2003, 32 CLC (HCD)

....le to be modified and altered to one under sections 302/109 of the Penal Code. 57. We now turn to examine the soundness of the contention advanced from side of Abdus Sabur in respect of discrepant statements of PW36 and PW37 on demand of Taka 5,00,000 or Taka 10,00,000 for the recovery of Fatik. ......2000 so far Ayub Munshi alias Ayub Ali Khan is concerned is set aside. Lower court's record be sent down as immediate as possible. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 305. ..

Category: Criminal Law | Date: | Hits: 69

Ali Akbar (Md) and others Vs. Sakina Begum and others, 2002, 31 CLC (HCD)

....der of stay is recalled. Learned Joint District Judge is directed to proceed with the Suit, expeditiously, Communicate at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 303. ...... of the Code of Civil Procedure for appointment of a receiver for maintenance, preservation, protection and management of the suit property as described in schedules A to E and also for collection of rents and profits. On 9‑9‑2001 the defendants opposed the claim by filing a joint written object..

Category: Property Law | Date: | Hits: 69

Shibu Pada Acharjee Vs. State, 2003, 32 CLC (HCD)

....ld. 11. PW3 Siddiqur Rahnian tendered evidence that Ratna Rani used to stay in the house of Dr. Anukul and due to illicit connection with accused Shibu Pada Ratna Rani conceived. In a meeting held statements of Ratna Rani and Shibu Pada had been recorded and Shibu was held guilty of offence. Shib......neral of Police, Police Head Quarter, Dhaka IV. Superintendent of Police, Comilla. Lower Court's Record be sent down immediately. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 285...

Category: Criminal Law | Date: | Hits: 64

Abu Talukder Vs. State, 1999, 28 CLC (HCD)

.... basis of the evidence recorded by his predecessor. 23. PW 15 Khurshid Ali is the investigation officer of the case. He investigated the case, seized alamats, examined witnesses and recorded their statements under section 161 of the Code of Criminal Procedure and prepared the memo of the evidence......u Talukder be set at liberty forthwith, if not wanted in connection with any other case. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 188...

Category: Criminal Law | Date: | Hits: 52

Shahid Malongi (Md) and another Vs. State, 2004, 33 CLC (HCD)

....ase police recovered weapons used for commission of the offence and gold ornaments and cloths taken as booties. The arrested accused namely ldris Sheikh, Anis, Kalu and Harun Sheikh made confessional statements under section 164 of the Code of Criminal Procedure implicating themselves and the presen......lined to grant bail to the appellant. In the result the appeal is dismissed. The order of the court below is upheld. Ed. This Case is also Reported in: 56 DLR (HCD) (2004)279. ..

Category: Criminal Law | Date: | Hits: 43

Sultan Mahmud Chowdhury Vs. Secretary, Ministry of Public Works and Urban Development & others, 2004, 33 CLC (HCD)

....94 the demised land was already allotted to Md. lqbal Ahmed Bhuiyan, so‑called proprietor of 'the Little Industries'. 6. Defendant Nos. 1 to 5 jointly and defendant No.7 separately filed written statements and contested the suit. 7. Case of the defendant Nos.1 to 5 is that in accordance with......l Corporation' to make rickshaw, steel body and other iron and steel products. He obtained necessary trade licence and got his name mutated in the office of the Assistant Commissioner (Land). He paid rents and taxes. He also obtained permission from defendant No.3 to mortgage the framed land in orde..

Category: Property Law | Date: | Hits: 73

Monju Mia and others Vs. Shiraj Mia and others, 2002, 31 CLC (HCD)

....e of the Rule on 10‑11‑1999 is hereby recalled and vacated. The learned Subordinate Judge is directed. Communicate at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 264. ......hat on 21‑5‑1991 the plaintiffs instituted the suit. They claimed title mainly on the basis of a registered 'Kabulyat' dated 21‑6‑1947 executed and registered by defendant No.1 and payment of rents on rent receipts given by said defendant. At the time of presentation of plaint, the 'kabulyat..

Category: Property Law | Date: | Hits: 61

Tofail Ahmed alias Joseph Vs. State, 2004, 33 CLC (HCD)

....n of the learned Advocate for the petitioner. 8. We have carefully perused the certified copy of the application for examination of two witnesses (Annexure 1) and other annexures i.e. order sheet, statements of the witnesses, first information report, charge‑sheet, etc. 9. It is true that th......esult the Rule is discharged. The order of stay is hereby vacated. Communicate the order to the concerned tribunal immediately. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 250. ..

Category: Criminal Law | Date: | Hits: 60

Matiur Rahman (Md) Vs. Nuru Sikdar and others, 2003, 32 CLC (HCD)

.... or they should be discharged the learned Magistrate had no scope to consider the defence materials. Instead he should have fixed his attention to the allegations made in the first information report statements of the witnesses recorded under section 161 of the Code of Criminal Procedure, medical ce......h the case from the stage before discharging of the accused­-opposite parties. Communicate the order to the courts below at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 246. ..

Category: Administrative Law | Date: | Hits: 223

Kazi Ali Zahir alias Elin and others Vs. State, 2004, 33 CLC (HCD)

....by set aside. The application, in question, for recalling the prosecution witnesses under section 540 of the Code of Criminal Procedure is allowed. With a view to eliciting contradiction from the statements of PWs 5 and 6 recorded under section 161 of the Code of Criminal Procedure as disclosed ...... recalled. The learned Tribunal Judge is directed to proceed with the case in the light of the observations made above and according to law. This Case is also Reported in: 56 DLR (HCD) (2004) 244. ..

Category: Criminal Law | Date: | Hits: 48

Shafiqul Islam Shimul (Md) Vs. Bangladesh, 2003, 32 CLC (HCD)

....ssession of the arms and ammunition and hence, he moved this Court and obtained the present Rule. 3. An affidavit‑in‑opposition has been submitted on behalf of respondent No.1 denying material statements made in the application and stating, inter alia, that on 1‑10‑2002 the licence has be....... 478923 and 100 bullets by the respondent No.5 are declared to have been made without lawful authority and to be of no legal effect. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 239. ..

Category: Criminal Law | Date: | Hits: 63

State Vs. Shah Alam, 2003, 32 CLC (HCD)

....ted the inquest on the dead body of Jannati and thereafter sent the dead body to the morgue for post mortem examination. This witness, PW9 Amjad Hossain, also investigated into the case, recorded the statements of witnesses and submitted the charge­-sheet on 31‑12‑1998 against the condemned pri...... is accordingly, directed to shift the condemned prisoner from the condemned cell to some other cell meant for the convict prisoners. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 232. ..

Category: Criminal Law | Date: | Hits: 54

Shamsul Alam and another Vs. State, 2002, 31 CLC (HCD)

....oral Submission of the informant Idris Ali. He filled up the first information report form, visited the place of occurrence, prepared sketch map with index thereof, seized the alamat and recorded the statements o witnesses under section 161 of the Code of Criminal Procedure. First information report......sed and the conviction and sentence passed on 23‑7‑1998 are hereby confirmed. Records of the trial Court be sent down at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 218. ..

Category: Criminal Law | Date: | Hits: 54

Abdur Rahman Kha (Md) Vs. State, 2002, 31 CLC (HCD)

....nsideration of the record of the case and the documents submitted therewith he is so satisfied. In the impugned order the learned Judge does not state that from any other materials, if any, including statements of witnesses, etc. he has been led to consider that there is no sufficient ground for pro......er be heard afresh by the learned Judge and orders be passed in accordance with law. The stay order passed earlier stands vacated. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 213. ..

Category: Criminal Law | Date: | Hits: 82

State Vs. Ershad Ali Sikder and others, 2004, 33 CLC (AD)

....ereafter he has been missing. He admits in cross-examination that the police has examined him after one year of the occurrence. 11. Mohammad Azgar Hossain (PW9) and Md Mosharraf Hossain (PW8) made statements in corroboration with PW4. We found no relevancy in their evidence, inasmuch as, they sta......dris Jamai be set at liberty forthwith if not wanted in connection with any other case. Send down the lower court records at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 185. ..

Category: Criminal Law | Date: | Hits: 110

Babul Sikder and others Vs. State represented by the DC, 2003, 32 CLC (HCD)

....before High Court Division. High Court Division on consideration of Rameshwar Dayal and others Vs. State of UP AIR 1978 SC 1558 and AIR 1975SC 1252 and 1962 held that Inquest Report is admissible and statements therein can be looked into. Appellate Division held that the learned Judges of the High C......kerganj) in respect of accused‑appellant Babul Sikder is maintained. Lower Court's Record be sent down as immediate as possible. Ed. This Case is also Reported in: 56 DLR (HCD) (2004)174. ..

Category: Criminal Law | Date: | Hits: 54