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Md. Nasir Vs. State, 1989, 18 CLC (HCD)

....he case, pre­pared the inquest report and thereby sent the dead body of Nona to the morgue for post-mortem exami­nation. On receipt of the post-mortem report police submitted charge-sheet against 3 persons named above under sections 302/34 of the Penal Code. 5. In course of investigation appel......t a copy of the judgment be served on the learned Deputy Attorney-General, Comilla for infor­mation and taking necessary action, if any. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 89.......neral, Comilla for infor­mation and taking necessary action, if any. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 89.......t a copy of the judgment be served on the learned Deputy Attorney-General, Comilla for infor­mation and taking necessary action, if any. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 89...

Category: Criminal Law | Date: | Hits: 117

Abdul Khaleque & others Vs. Siddiqur Rahman & others, 1987, 16 CLC (HCD)

....e above discussion, I do not find any substance in this appeal. I dismiss the appeal. However, there will be no order as to costs. Ed. This Case is also Reported in: 42 DLR (HCD) (1993) 29. ......lear that it was executed by Bonamali in favour of defendant No.2 alone. The conduct of the appellants in dealing with the suit and the appeal are also circumstances enough to show that they were not interested in the result of the suit and as such did not take any step against the decree passed aga......ompany Ltd. Vs. Apear Collieries Ltd. and others, 1926 Cal 412, Haridas Sadhu Khan Vs. Iswar Ratneswar and others, 1933 Cal. 94; Ramnarayana Rao Vs. Ramkrishna Rao and another 1936 Mad. 358, Jarnail Singh Vs. Mst. NarainKaur and others, 1936 Lah. 766, Mst. Kalpa Vs. Sita Ram and another 1955 All 187......e above discussion, I do not find any substance in this appeal. I dismiss the appeal. However, there will be no order as to costs. Ed. This Case is also Reported in: 42 DLR (HCD) (1993) 29. ..

Category: Property Law | Date: | Hits: 109

Lal Mia Vs. State, 1989, 18 CLC (HCD)

....nd elder brother Majibur Rahman took away household articles worth Tk.12.800/-. At the time of commission of the offence informant's uncle on call of nature came out from inside the hut and saw 10/12 persons and recognized the thieves on see­ing their faces in the light of the torch focused by him.......n fil­ing the appeal and decide the matter on merits in the best way the court would deem fit and proper. Send down the records at once. Ed. This Case is also Reported in: 42 DLR (1990) 15. ......he best way the court would deem fit and proper. Send down the records at once. Ed. This Case is also Reported in: 42 DLR (1990) 15. ......n fil­ing the appeal and decide the matter on merits in the best way the court would deem fit and proper. Send down the records at once. Ed. This Case is also Reported in: 42 DLR (1990) 15. ..

Category: Procedural Law | Date: | Hits: 122

Gias Uddin Vs. Dhaka Municipal Corpora­tion and others, 1996, 25 CLC (HCD)

....olony. According to them petitioner along with others used to live in the low lying area outside the boundary wall of Gulshan Park No.1 popularly known as Taltala Park. During the flood of 1988 those persons took shelter in the said park. Petitioner along with some other employees of the corporation......acts and circumstances of the case we find no merit in this Rule. In the result, the Rule is discharged without any order as to costs. Ed. This case is also Reported in: 49 DLR (HD) (1997) 199. ...... this Rule. In the result, the Rule is discharged without any order as to costs. Ed. This case is also Reported in: 49 DLR (HD) (1997) 199. ......acts and circumstances of the case we find no merit in this Rule. In the result, the Rule is discharged without any order as to costs. Ed. This case is also Reported in: 49 DLR (HD) (1997) 199. ..

Category: Constitutional Law | Date: | Hits: 369

Seraj Miah Vs. State, 1997, 26 CLC (HCD)

....and sentence are liable to be set aside. 6. Mr. AQ Rashid Ahmed, learned Assistant Attorney-General appearing on behalf of the state, has submitted that under section 118 of the Evidence Act, all persons, who can understand the questions put to them and can give rational answer to those question......assed by the trial Court are upheld. The appellant will undergo the sentence of imprisonment for life without having to pay any fine. Ed. This Case is also Reported in: 49 DLR (HCD) (1997) 192. ......ant will undergo the sentence of imprisonment for life without having to pay any fine. Ed. This Case is also Reported in: 49 DLR (HCD) (1997) 192. ......assed by the trial Court are upheld. The appellant will undergo the sentence of imprisonment for life without having to pay any fine. Ed. This Case is also Reported in: 49 DLR (HCD) (1997) 192. ..

Category: Procedural Law | Date: | Hits: 94

Jobaida Rashid Vs. State, 1997, 26 CLC (HCD)

....e house to find out the husband of the petitioner who has been residing there. The petitioner demanded search warrant and initially they failed to produce the search warrant. But in spite of this the persons went there, forcibly entered into the house and they searched the premises and they recovere......tan Magistrate, Dhaka accused petitioner Mrs. Jobaida Rashid be enlarged on bail to the satisfaction of the Deputy Commissioner, Dhaka. Ed. This Case is also Reported in: 49 DLR (HCD) (1997) 189.......Jobaida Rashid be enlarged on bail to the satisfaction of the Deputy Commissioner, Dhaka. Ed. This Case is also Reported in: 49 DLR (HCD) (1997) 189.......tan Magistrate, Dhaka accused petitioner Mrs. Jobaida Rashid be enlarged on bail to the satisfaction of the Deputy Commissioner, Dhaka. Ed. This Case is also Reported in: 49 DLR (HCD) (1997) 189...

Category: Criminal Law | Date: | Hits: 89

State Vs. Moksed Ali and others, 2011, 40 CLC (HCD)

....currently with Jail Appeal Nos. 1058 of 2005 and 1059 of 2005 and Criminal Appeal No.4422 of 2005 as preferred variously against the said Judgment by the Condemned Prisoners. 2. Of the six accused persons facing trial and leading to the delivery of the Judgment on 1-9-2005, Moksed, Tutul and Ripo......dditional Sessions Judge, Manikganj immediately. Send down the Lower Court Records at once. Communicate this order forthwith. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 346. ......y. Send down the Lower Court Records at once. Communicate this order forthwith. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 346. ......dditional Sessions Judge, Manikganj immediately. Send down the Lower Court Records at once. Communicate this order forthwith. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 346. ..

Category: Criminal Law | Date: | Hits: 131

Shamima Sultana Seema and 9 others Vs. Government of Bangladesh and 3 others, 2004, 33 CLC (HCD)

...................Ye people ye have rights over your wives, have rights over you............ Treat your wives with kindness and love. Verily ye have taken them on the security of God and have made their persons lawful unto you by the words of God (The Spirit of Islam, by Syed Ameer Ali PC LLD CIE Editi......spects and they shall be so treated by all concerned. In the result, the Rule is made absolute but without any other as to costs. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 201. ...... In the result, the Rule is made absolute but without any other as to costs. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 201. ......ree of discrimination. For example, if a special residential school is established for Scheduled Tribes or Scheduled Castes at State expense, it is a discrimination against other students, upon whose education a far lesser amount is being spent by the State. Or for that matter, take the very America..

Category: Constitutional Law | Date: | Hits: 443

Abdul Qayum Vs. Secretary, Ministry of Home Affairs, Government of Bangladesh and others, 1991, 20 CLC (HCD)

....amal Loha Karkhana at Rangpur Road, Syedpur. At that time the Government of Bangladesh took over control and management of the petitioner's above property and leased out the same to some unauthorised persons treating the said property as abandoned property; that the petitioner made, several applicat......citizenship or he owned allegiance to any other country. The Rule is accordingly made absolute without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 340....... The Rule is accordingly made absolute without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 340.......citizenship or he owned allegiance to any other country. The Rule is accordingly made absolute without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 340...

Category: Immigration and Citizenship Law | Date: | Hits: 178

Sena Kalayan Sangstha Vs. Haji Sufi Fazal Ahmed and others, 2004, 33 CLC (HCD)

....d three situations, namely (i) where the owners, directors, or managers or majority of the owners, directors or managers, of any industrial or commercial concern have left Bangladesh; (ii) where such persons are not available to control and manage the concern; (iii) where in the opinion of the Gover......o not find any substance in the submission for the learned Counsel of the appellants. The appeals are accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: ......………………..Appellant (In Civil Appeal No. 45 of 1993) Chairman, Sena Kalayan Sangstha……………………..Appellant (In Civil Appeal No. 86 of 1997) Vs. Haji Sufi Fazal Ahmed being dead his heirs: Mr. Nagar Mohiuddin and others………………………..Respondents (In both ......o not find any substance in the submission for the learned Counsel of the appellants. The appeals are accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: ..

Category: Property Law | Date: | Hits: 111

State Vs. Nazma Sarker @ Beauty and others, 2011, 40 CLC (HCD)

....f the deceased and when the informant asked about the incident to Nazma Sarker @ Beauty, wife of the deceased Hanif Sarker and Rokeya Begum, maid servant of that house they informed that some unknown persons killed the victim Hanif Sarker. Upon lodging the First Information Report the present Tongi ...... a copy of this judgment and order, be sent to the concerned Court below for information and necessary action at once. Md. Emdadul Haque Azad J. - I agree. Ed. This Case is also Reported in: ...... the concerned Court below for information and necessary action at once. Md. Emdadul Haque Azad J. - I agree. Ed. This Case is also Reported in: ...... a copy of this judgment and order, be sent to the concerned Court below for information and necessary action at once. Md. Emdadul Haque Azad J. - I agree. Ed. This Case is also Reported in: ..

Category: Criminal Law | Date: | Hits: 98

Capital Properties Ltd. Vs. Government of Bangladesh and others, 1991, 20 CLC (HCD)

.... not be inadmissible if the reception of such additional evidence can be justified under rule 27. 18. Moreover, the words "any other substantial cause" are to be read ejusdem generis (things or persons of the same kind) and this power is to be used in the interest of justice i.e. whether takin......the learned subordinate Judge is a perfectly valid order. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 308.......43 DLR (HCD) page 204; ILR 3 Mad (PC) page 384; AIR 1945 Cal. 492; AIR 1946 PC 103; 1984 BLD (AD) 285; PLD 1966 SC 684; AIR 1939 All. 633; AIR 1954 Mad. 848; AIR 1939. Lawyers Involved: Moinul Huq, Advocate ‑For the Petitioner. Kaiseruddin Ahmed, Deputy Attorney General ‑ For t......the learned subordinate Judge is a perfectly valid order. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 308...

Category: Procedural Law | Date: | Hits: 113

Mostain Mollah and others Vs. State, 1990, 19 CLC (HCD)

....rder and Shaft Sarder and thereafter they were proceeding towards their home but hardly they reached near the house of Kamal Akhi in the village of Venda, the accused appellants along with some other persons forming an unlawful assembly being armed with deadly weapons like ramdao, valla, lathi, gupt......implicated them falsely in this case. They are completely innocent the charge levelled against them. 7. Of these 28 witnesses excluding the formal witnesses there is only one independent and disinterested witness i.e. P.W.8 and all the witnesses are partisan, interested and closely related to ......etter of reference submitted by the learned Sessions Judge, Narail. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 295. ......oth the appeals are, therefore, allowed. We reject the letter of reference submitted by the learned Sessions Judge, Narail. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 295. ..

Category: Criminal Law | Date: | Hits: 95

Mostafizur Rahman Vs. Bangladesh and others, 1991, 20 CLC (HCD)

....d all citizens irrespective of party affiliation can participate in the election. But unfortunately the situation took a different turn and demand was made by different organisations to prosecute the persons who were connected with the previous Government but there was no ground to prosecute the det......and the affidavit­-in‑opposition would be corrected and read as if those names were never mentioned and no such imputation made. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 312.......ad as if those names were never mentioned and no such imputation made. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 312.......the Government funds in the country and abroad. As a result, there was a popular upsurge against to him from 10.10.90 headed by the political alliances, the students community and other professional, educational and cultural organisations and the detenu resorted to various suppressive measures inclu..

Category: Criminal Law | Date: | Hits: 113

State Vs. Md. Sirajul Islam and others, 2012, 41 CLC (HCD)

....nesses U/S 161 of the Code of Criminal Procedure and collected the post mortem reports. After investigation, S.I. Mr. Abdus Samad submitted charge sheet No. 588 dated 1.11.2005 A.D. against 8 accused persons namely, (1) Sirajul Islam, (2) Rajib Ahmed, (3) Sohel Rana, (4) Masum, (5) Kabir Hossain, (6......4. Let the Lower Court Records along with a copy of this judgment and order be sent to the concerned Court below for information and necessary action at once. Ed. This Case is also Reported in: ......py of this judgment and order be sent to the concerned Court below for information and necessary action at once. Ed. This Case is also Reported in: ......4. Let the Lower Court Records along with a copy of this judgment and order be sent to the concerned Court below for information and necessary action at once. Ed. This Case is also Reported in: ..

Category: Criminal Law | Date: | Hits: 105

Abu Hena Mostafa Kamal & another Vs. Bangladesh and others, 2011, 40 CLC (HCD)

....Ordinance 1964 section 83A was inserted which provided for self assessment which was subsequent­ly introduced in Ordinance, 1984 by Finance Act 1990. 14. Under self-assessment scheme all salaried persons, other than their income from other sources, and other classes of tax payers’ money in any......es impugned against in all the petitions are hereby declared to have been passed without lawful authority and are of no legal effect. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 334. ......clared to have been passed without lawful authority and are of no legal effect. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 334. ......es impugned against in all the petitions are hereby declared to have been passed without lawful authority and are of no legal effect. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 334. ..

Category: Fiscal/Taxation Law | Date: | Hits: 167

Sadia Chowdhury Parag Vs. Chairman, Film Censor Board & others, 2003, 32 CLC (HCD)

....r as to cost. The Producer and Director of the film "Hason Raja'' is at liberty to release/screen the film without any hindrance from anyone. Ed. This Case is also Reported in: 55 DLR (2003) 445.......e, gave him a copy of the Kazantzakis novel in 1972, and he has been contemplating it ever since. Kazantzakis' Jesus, he insists, is both human and divine, in accordance with Christian teaching. What interested Scorsese in the author’s approach "was that the human part of Jesus would have trouble ......ason Raja'' is at liberty to release/screen the film without any hindrance from anyone. Ed. This Case is also Reported in: 55 DLR (2003) 445.......r as to cost. The Producer and Director of the film "Hason Raja'' is at liberty to release/screen the film without any hindrance from anyone. Ed. This Case is also Reported in: 55 DLR (2003) 445...

Category: Civil Law | Date: | Hits: 210

Syeda Sajeda Chowdhury Vs. State, 2010, 39 CLC (HCD)

....te. A Court of law cannot proceed judicially on a bare statement made by such police officer to the effect that a prima facie case under certain penal provision has been proved against the accused persons, without disclosing the allegation of fact constituting the said offence. Such a statement, ......002 now pending in the Court of Divisional Special Judge, Dhaka is quashed in respect of the petitioner only. Ed. This Case is also Reported in:62 DLR (HCD) (2010) 441; 18 BLT (HCD) (2010) 249. ......cial Judge, Dhaka is quashed in respect of the petitioner only. Ed. This Case is also Reported in:62 DLR (HCD) (2010) 441; 18 BLT (HCD) (2010) 249. ......002 now pending in the Court of Divisional Special Judge, Dhaka is quashed in respect of the petitioner only. Ed. This Case is also Reported in:62 DLR (HCD) (2010) 441; 18 BLT (HCD) (2010) 249. ..

Category: Criminal Law | Date: | Hits: 137

Abu Bakkar Siddique (Md.) and others Vs. Md. Abdur Rab Khandaker & others, 2010, 39 CLC (HCD)

....ll 1993 the plaintiffs kept silent which also creates serious doubt in the plaintiffs' case. 17. Section 27 of the Specific Relief Act deals with the provision regarding relief against parties and persons claiming under them by subsequent title. Section 27(b) of the said Act runs as follows: "...... pressed on the basis of oral con­tract heavy duty cast upon the plaintiff to prove the same in accordance with law which is very much absence in the case in hand. She submits that all the P.Ws. are interested witnesses as well as the evidence namely documentary evidence upon which the Courts below......4, 2010. Result: The Rule is made absolute. Cases Referred to- 3 BLD 258; Mamud Raja Bhuiyan Vs. Md. Lal Miah, 40 DLR 271; SN Gupta & Co Vs. Sadananda Ghosh, 11 DLR 470; Md. Moslemuddin Vs. Md. Jonab Ali, 17 BLD (AD) 328 = 50 DLR (AD) 13; Ouseph Varghese Vs. Joseph Aley, (1969) 2 SC......ior Assistant Judge, in Other Suit No.48 of 1993 is hereby set aside. The suit is stand dismissed. Send down the LC record at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 326. ..

Category: Property Law | Date: | Hits: 90

Kartic Das Gupta Vs. Election Commission and others, 2011, 40 CLC (HCD)

....this judgment and order. On completion of the said process the Election Commission is also directed to intimate this Court the result thereof through the office of the Registrar. 37. The qualified persons who are, however, entitled to be enlisted in the electoral roll may have their name included......observations and directions both the Rules are disposed of. The order of status quo granted earlier on 6-2-2011 is hereby vacated. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 313. ......er on 6-2-2011 is hereby vacated. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 313. ......observations and directions both the Rules are disposed of. The order of status quo granted earlier on 6-2-2011 is hereby vacated. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 313. ..

Category: Election Law | Date: | Hits: 217