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Md. Sayem Islam Vs. State, 2006, 35 CLC (HCD)
....ail bond. Send down the lower Court's records at once with a copy of the judgment for information and for taking necessary action. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 155. ......ions 3 & 4 In the absence of absolute evidence regarding the fact that the appellant caused by any explosive substance any explosion of a nature to endanger life or to cause serious injury to person or property, the conviction and sentence under section 3 of the Explosive Substance Act canno..Category: Criminal Law | Date: | Hits: 103
Md. Mostafa Rana Vs. Most. Farzana Sultana, 2009, 38 CLC (HCD)
....itioner to pay 50% of decreetal amount in Court, failing which, the orders impugned shall stand vacate. AKM Abdul Hakim J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 149. ......udicial authorities noticed above. Order 21, rule 90 of the Code, as it stands, empowers a Court, which has held an auction sale, to set aside the sale on an application made, amongst others, by a person whose interests have been affected by the sale, on the ground that there has been material ir..Category: Procedural Law | Date: | Hits: 154
Shahanewas Vs. Government of Bangladesh and others, 1997, 26 CLC (HCD)
.... convict Abul Hashem, son of Habibur Rahman as the warrant of accused has already been executed by arresting a wrong person i.e. the detenu. This Case is also Reported in: 50 DLR (HCD) (1998) 633. ...... Char Pagla, PS Ramgati, District‑Laxmipur who was allegedly tried in connection with Sessions Trial Case No.20 of 1988 in the Court of Sessions Judge, Laxmipur and to submit a report to this Court personally within two weeks from the date of receipt of the order. 3. The short fact relevant for..Category: Criminal Law | Date: | Hits: 88
Abul Kashem Bhuiyan Vs. State, 1998, 27 CLC (HCD)
....Annexure 'A' and report Annexure‑‘B’. Annexure‑'A' shows that the petitioner along with four others namely, Rafiqul Islam Member, Nishaw Marina, Hakim Ali and Zhelu Marma filed this petition. Inquiry report Annexure‑'B' shows that except petitioner other four persons did not sign the petit....... An inquiry was made by the Deputy Commissioner through a Deputy Collector who submitted report with recommendation to take criminal action against the petitioner for using forged signatures of four persons written in the complaint petition. The Assistant Commissioner, Khagrachari District took cog..Category: Criminal Law | Date: | Hits: 89
State Vs. Zakaria Kabiraj, 2012, 41 CLC (HCD)
....dgment and order be communicated to the concerned Tribunal at once for necessary action along with the records of the Tribunal below. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 523. ......ort on the said corpse and sent the dead body to the morgue for post-mortem examination, he found the marks of violence in the lower abdomen and penis along with the marks of bleeding injuries on the person of the deceased, from the configuration of the dead body it seems to him that he was done to ..Category: Criminal Law | Date: | Hits: 147
Idris Miah (Md.) Vs. State, 1998, 27 CLC (HCD)
....ellants under section 476 of the Code. Send down the LCR at once and also send a copy to the Judge concerned for her future guidance. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 629. ......istrate concerned for taking legal action against the appellants and directing the appellant No.2 to pay compensation of Taka 20,000.00 to the accused, no formal charge was framed against the accused persons and they had no opportunity to explain their position and to defend themselves. 4. I have..Category: Criminal Law | Date: | Hits: 72
Syeda Helali Begum and others Vs. Shanty Mary Cruez and others, 2008, 37 CLC (HCD)
....fact and circumstances of the case I direct the parties to bear their respective costs. Stay granted by this Court stands vacated. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 360. ......nnexure-B to Civil Revision Petition reveals that in the forehead of service return it is written "signature illegible" = স্বাক্ষর অস্পষ্ট। ৯.৪.৮৯. Name of the person receiving summons appears in the forehead of service return, it cannot be, thus, said that th..Category: Procedural Law | Date: | Hits: 120
Md. Aftab Uddin Vs. Government of the People's Republic of Bangladesh and others, 2008, 37 CLC (HCD)
....na, Dhaka. Let a copy of this judgment and order be placed before the learned Chief Justice for his perusal and necessary action. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 105. ......he application is also mala fide in that the petitioner has been pursuing the Respondent No.5 from past and that earlier he filed another writ petition against the Respondent No.5, and that he has no personal interest in the subject matter of the Rule and in fact the petitioner is pleading the case ..Category: Constitutional Law | Date: | Hits: 361
Abdul Awal and others Vs. Ratan Bibi and others, 2007, 36 CLC(HCD)
....nths from date of receipt of the order. The order of stay granted at the time of issuance of the rule is hereby vacated. Communicate. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 41. ......udgment and order dated 22.07.2002 and another order dated 27.08.2002 passed by the learned Joint District Judge, first Court, Comilla in Title Suit No.31 of 1994 rejecting the prayer for making some persons as parties and keeping the subsequent petition under section 151 of the Code of Civil Proced..Category: Property Law | Date: | Hits: 85
Shamsul Haque Vs. Court of Settlement and others, 1996, 25 CLC (HCD)
....te notification dated 23rd June, 1986 within 60 days from the receipt of the copy of the Judgment. There will be no order as to costs. Ed. This case is also Reported in:49 DLR (HCD) (1997) 469. ......e vendor of the petitioner never left Bangladesh rather she is admittedly a citizen of Bangladesh and admittedly sold the case land to the petitioner and she deposed before the Court of Settlement in person and also appeared in this case by filing affidavit‑in‑opposition and the contention of th..Category: Property Law | Date: | Hits: 107
Mostafa Vs. State, 2012, 41 CLC (HCD)
.... with in any other case. Send down the Lower Court records along with the copy of the Judgment. Communicate the order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 544. ...... First Information Report with Nalitabari police station on 30-10-2005 alleging, inter alia, that on 29-10-2005 at about 18-00 hours the informant and his forces got secret information that 4 accused persons were staying with one motor cycle at village kalakuma and on the basis of the said informati..Category: Criminal Law | Date: | Hits: 59
Shafiqul Islam (Md.) Vs. State, 1998, 27 CLC (HCD)
....k be set at liberty if not wanted in connection with any other case. Let the affidavit filed by Noor Ali Sk. be kept with the record. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 581. ......t the time of her kidnapping or abduction and she stayed with the accused for 3 months, Court below was not justified in relying on an affidavit filed on behalf of the defence without confronting the person who had sworn the same and giving him an opportunity to explain about the statement made ther..Category: Criminal Law | Date: | Hits: 89
Nesaruddin Mallick and others Vs. State, 2005, 34 CLC (HCD)
....ower Court's records at once with a copy of the Judgment for information and taking necessary action. AKM Fazlur Rahman J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 289. ......ed persons were not present at the said land and he was deposing falsely. 14. P.W.3 Abdur Rahim Sheikh deposed that on 10.3.1985 while he was near the kaibartakhali bridge then he found that one person dealt leza blow at he underneath of the abdomen of Litu and Mosharaf along with an unidentifi..Category: Criminal Law | Date: | Hits: 78
....ned District Judge, Dhaka is vacated.
Communicate this Judgment at once.
M. Moazzam Husain J.- I agree.
Ed.
This Case is also Reported in: 7 LG (HCD) (2010) 284; 18 BLT (HCD) (2010) 261.
......ispute in question.
14. Order XXI Rule 29 of the Code of Civil Procedure reads as follows:
"Where a suit is pending in any Court against the holder of a decree of such Court, on the part of the person against whom the decree was passed, the Court may, on such terms as to security or otherwis..
Category: Civil Law | Date: | Hits: 178
Firoz (Md.) Vs. State, 2011, 40 CLC (HCD)
....liberty at once if not wanted in any other connection. Send down the L/C records along with a copy of this judgment expeditiously. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 189. ...... exact condition of the room in terms of its nature, walls, doors, windows and lock-up devices so as to assess the possibility of confinement of an armed man, as the appellant is. It is unclear how a person can see from outside one who is confined in a room, as P.W. 2 did. 9. As is manifest from ..Category: Criminal Law | Date: | Hits: 84
Tajul Islam and others Vs. Chini Miah and others, 2007, 36 CLC (HCD)
..... Orders of stay and ad-interim injunction granted by this Court stand vacated. Records of Courts below be sent down immediately. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 1. ......kout the legal controversy it will be profitable to have a look on section 48 of Transfer of Property Act. 19. Section 48 deals with priority of rights created by transfer. It enjoins that where a person purports to create by transfer at different times rights in or over the said immovable proper..Category: Procedural Law | Date: | Hits: 155
State Vs. Rois Khan and another, 2009, 38 CLC (HCD)
....our Judgment. Send down the lower Court records at once. Communicate this order at once. Md. Emdadul Haque Azad J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 274. ......r of the room of 906 is towards north but he can not remember in which position the khat or bed was in the room. He along with his combined force, arrested the accuseds. They at first were 6/7 police personnel who entered into the room. Along with them, local witnesses also entered into the room. Th..Category: Criminal Law | Date: | Hits: 112
Islami Bank Bangladesh Ltd. & another Vs. Agrani Bank & others, 2010, 39 CLC (HCD)
....t. The impugned judgment and decree passed by the trial court is hereby affirmed. Send down the L/C records at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 150. ......yment as per banking practices and mutual trust. 5. It further transpired from inquiry that Messrs Mitali Enterprise was a fictitious firm and its owner Kazi MA Wahed also was a fictitious person. No such business enterprise or owner was ever found in existence anywhere. The defendant No...Category: Business or Commercial Law | Date: | Hits: 548
Atiqullah Pathan (Dhanu) Vs. State and another, 2010, 39 CLC (HCD)
....nted earlier shall stands vacated. Send a copy of this order to the Assistant Sessions Judge, 2nd Court Mymensingh for compliance. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 175. ......ee the provision of section 138 of the Negotiable Instruments Act which reads as follows: "138. Dishonour of cheque for insufficiency etc. of funds in the account.- (1) Where any cheque drawn by a person on an account maintained by him with a banker for payment of any amount of money to another p..Category: Criminal Law | Date: | Hits: 84
Acqua Foods Limited and another Vs. Controller of Imports and Exports and others, 1997, 26 CLC (HCD)
....Certificate of the Petitioners immediately. Considering the facts and circumstances of the case, there will be no order as to cost. Ed. This case is also Reported in:49 DLR (HCD) (1997) 498. ......he High Court. In the above case the principle has been laid down that the authority prescribed by law is the authority to take action or to do a thing. But if the authority is directed by some other person even by higher authority, then that order cannot be sustained in law. 10. In the instant c..Category: Civil Law | Date: | Hits: 140
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