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Abul Khair & another Vs. State, 2002, 31 CLC (HCD)
.... may be made to the decision in the case of Amarkumar Thakur and others Vs. State reported in 1988 BLD (AD) 101 wherein it was held, unless the court is told what exact words were used by the accused persons it cannot act on the inference supplied by the witnesses from what they have heard or not he......he offence thereunder. Accused-appellant Imam Hossain Patwari be set at liberty, if not required in any other case. Record be sent down. Ed. This Case is also Reported in: 55 DLR (2003) 437. ......Hossain Patwari be set at liberty, if not required in any other case. Record be sent down. Ed. This Case is also Reported in: 55 DLR (2003) 437. ......he offence thereunder. Accused-appellant Imam Hossain Patwari be set at liberty, if not required in any other case. Record be sent down. Ed. This Case is also Reported in: 55 DLR (2003) 437. ..Category: Criminal Law | Date: | Hits: 97
Shamsul Huq Chowdhury Vs. Justice Md. Abdur Rouf & others, 1995, 24 CLC (HCD)
.... can be designated as the office in the service of the Republic. Part IX comprising Articles 133‑141 of the Constitution provides for the appointment and regulating the conditions of service of the persons in‑the service of the Republic whereas in Part V1 Chapter 1 the Supreme Court and in Chapt......ntial question of law as to the interpretation of the Constitution. The prayer is allowed and certificate prayed for is hereby granted. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 176.......Constitution. The prayer is allowed and certificate prayed for is hereby granted. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 176.......ntial question of law as to the interpretation of the Constitution. The prayer is allowed and certificate prayed for is hereby granted. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 176...Category: Constitutional Law | Date: | Hits: 353
Shahidullah and others Vs. Lutfur Karim and others, 1997, 26 CLC (HCD)
....ration is a solemn act, to be performed in the presence of the competent official appointed to act as registrar, whose duty it is to attend the parties during the registration and see that the proper persons are present and competent to act and are identified to his satisfaction; and all things done......e Court is thus set aside and those of the trial Court are restored. There will be no order as to cost. Send down the record at once. Ed. This Case is also Reported in: 50 DLR (1998) 328. ......is made absolute. Cases Referred To- 39 DLR (AD) 223 (Civil Appeal No.113 of 1983); 33 Indian Appeal cases at page 60; AIR 1984; Ghulam Muhammad Vs. Sher Dil, PLD 1967 Azad J & K 26; Kamod Singh Vs. Khemkaran, AIR 1927 (Nagpur) 260; Basant Singh and others Vs. Brij Raj Saran Singh and othe......e Court is thus set aside and those of the trial Court are restored. There will be no order as to cost. Send down the record at once. Ed. This Case is also Reported in: 50 DLR (1998) 328. ..Category: Procedural Law | Date: | Hits: 103
Hifzur Rahman and 2 others Vs. State, 1995, 24 CLC (HCD)
....ted the petitioners’ prayer for discharging them from the aforesaid case on the ground that no case has been made out against them. It appears that this Rule was issued at the instance of 3 accused persons namely, Hifzur Rahman, Fazlul Karim and Abdur Rob. The learned Advocate appearing on behalf ......plication. The Rule is accordingly discharged. The order of stay passed earlier is hereby vacated. Send down the record at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 325. ......ed. The order of stay passed earlier is hereby vacated. Send down the record at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 325. ......plication. The Rule is accordingly discharged. The order of stay passed earlier is hereby vacated. Send down the record at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 325. ..Category: Criminal Law | Date: | Hits: 102
Saiful Islam Dilder Vs. Government of Bangladesh and others, 1998, 27 CLC (HCD)
....ese people for self-determination. At paragraph 96 of the report the Appellate Division observed: “In such harrowing conditions of our people in general if socially conscious and public spirited persons are not allowed to approach the Court on behalf of the public or a section thereof for enfor...... find any substance in this writ petition. In the result, this writ petition is rejected in limine without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 318. ......esult, this writ petition is rejected in limine without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 318. ...... find any substance in this writ petition. In the result, this writ petition is rejected in limine without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 318. ..Category: Constitutional Law | Date: | Hits: 421
.... have been allowed from the time prescribed thereof in the third column of the First Schedule or in section 48 of the Code of Civil Procedure. Section 7 of this Act provides that where one or several persons jointly entitled to institute a suit or proceeding or make an application for the execution ......ned Subordinate Judge, Chandpur in Miscellaneous Case No.59 of 1990 is hereby affirmed.
Send down the lower Court records at once.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 311.
......wn the lower Court records at once.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 311.
......ned Subordinate Judge, Chandpur in Miscellaneous Case No.59 of 1990 is hereby affirmed.
Send down the lower Court records at once.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 311.
..
Category: Property Law | Date: | Hits: 113
Shahriar Rashid Khan and another Vs. Bangladesh, 1997, 26 CLC (HCD)
....t be challenged in view of the fact that there was an alternative remedy for quashing the proceedings under the Criminal Procedure Code. Further, both the petitioners, in fact, were not the aggrieved persons and, as such, the two writ petitions were summarily rejected. But in the present two writ pe......the interpretation of several provisions of the Constitution are involved in the instant cases, the certificate prayed for is granted. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 133. ......tution are involved in the instant cases, the certificate prayed for is granted. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 133. ......the interpretation of several provisions of the Constitution are involved in the instant cases, the certificate prayed for is granted. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 133. ..Category: Criminal Law | Date: | Hits: 202
Habibur Rahman Mondal (Md.) and others Vs. State and another, 2010, 39 CLC (HCD)
....ecords. It is not a case of individual liability and the allegation is directed against the employees and officers involved. Therefore, it was not possible to fix up liability of individual accused persons in terms of defalcated money. After investigation it would be known. For that reason, there ......rk and submit police report as early as possible. Let a copy of the judgment and order be transmitted to the Court below without delay Ed. This Case is also Reported in: 63 DLR (2011) 23. ......e. Let a copy of the judgment and order be transmitted to the Court below without delay Ed. This Case is also Reported in: 63 DLR (2011) 23. ......rk and submit police report as early as possible. Let a copy of the judgment and order be transmitted to the Court below without delay Ed. This Case is also Reported in: 63 DLR (2011) 23. ..Category: Criminal Law | Date: | Hits: 101
Shahajada Talukder Vs. Election Commissioner and others, 2003, 32 CLC (HCD)
.... produce the relevant copy, the consequence prescribed by section 36(2)(b) must inevitably follow." 21. In the case of Rangilal Chowdhury Vs. Dahu Sao and others, AIR 1962 SC 1248 large number of persons filed nomination papers to fill up a vacancy in Bihar Legislative Assembly. The nomination ......ason as to why the petitioner, who got elected for two consecutive terms, will himself spoil the above nomination papers by showing wrong voter numbers of the proposer as well as himself, and some interested quarter, by taking resort to fraud and forgery, maliciously altered the voter numbers of......d fresh election upon accepting the nomination paper already filed by the petitioner. Ed. This Case is also Reported in: 55 DLR (2003) 420....... cancelled and the Returning Officer is directed to hold fresh election upon accepting the nomination paper already filed by the petitioner. Ed. This Case is also Reported in: 55 DLR (2003) 420...Category: Election Law | Date: | Hits: 211
Ali Azam Vs. Md. Majibullah, 2002, 31 CLC (HCD)
....ote a transaction which is really done by a person without using his own name. That is, not in the name of real purchaser, but in the name of another. In every such benami transaction there are three persons concerned; the vendor, the real purchaser and the name lender. We find support of the above ......The order of stay granted earlier by this court at the time of issuance of the Rule is hereby vacated. Send down the LC Records at once. Ed. This Case is also Reported in: 55 DLR (2003) 412. ......o- Bhrigurashram Missir and another Vs. Surendra Nath Mitra and another, AIR 1962 (Patna) 204; Joydayal Poddar Vs. Bibi Bajera and others, AIR 1974 SC 171. Lawyers Involved: Sarder Abul Hossain for Shahidul Islam, Advocate—For the Petitioner. Abul Kamal Chowdhury, Advocate—For the Op......on of property in the river their father took shelter in the house of his elder brother at village Shyampur in 1950. He had no property. The plaintiff gave in marriage of his sisters and bore all the educational expenditures of younger brother from his earnings. The plaintiff’s father retired from..Category: Property Law | Date: | Hits: 103
....egations made in the plaint and the relief sought do not pertain to the business or affairs of the Co-operative Society. No dispute arose touching the business or affairs of the society amongst the persons as enumerated in clauses (a) (b) (c) and (d).
Section 133 of the Ordinance runs as follow......o substance in this Rule. The Rule is accordingly, discharged without any order as to costs.
Stay granted by this Court stands vacated.
Ed.
This Case is also Reported in: 55 DLR (2003) 409.
.......
......o substance in this Rule. The Rule is accordingly, discharged without any order as to costs.
Stay granted by this Court stands vacated.
Ed.
This Case is also Reported in: 55 DLR (2003) 409.
..
Category: Procedural Law | Date: | Hits: 124
Talebur Rahman alias Taleb and 2 others Vs. State, 1994, 23 CLC (HCD)
.... under police custody. In his deposition he flatly denied to have any knowledge about the case and said that he was not asked about it by the police. In reply to cross-examination made by the accused persons he pleaded his ignorance about the place from where the accused persons were arrested. He co......, but in order to convict an accused solely on the basis of solitary witnesses like the police officer or the person who made the search and seizure, the Judge must ensure that these witnesses are disinterested and the evidence is unimpeachable and unshaken and the other witnesses to the search who ......Matin be discharged from his bailbond. Send down the lower Court records immediately. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 167. ......ny other case and the accused appellant Abdul Matin be discharged from his bailbond. Send down the lower Court records immediately. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 167. ..Category: Criminal Law | Date: | Hits: 74
Amir Hossain Dhali and other Vs. State, 1997, 26 CLC (HCD)
.... order dated 31‑11‑91 passed by the learned Sessions Judge, Sariatpur, in Sessions Case No.16 of 1991 convicting appellants, Amir Hossain Dhali and Abu Bakar Matbar along with seven other accused persons under sections 302/34 of the Penal Code and sentencing each of them thereunder to suffer imp......d persons on the basis of evidence of reliable and competent witnesses. He submits that the trial court has committed an error of law in relying on the evidence of the P.Ws.1, 2, 5 and 7, who are all interested witnesses. He further submits that in a case where bitter enmity is admitted between the ......any other case. Appellant Amir Hossain Dhali is discharged from his bail bond forthwith. Ed. This Case is also Reported in: 49 DLR (HD) (1997)163. ......ty forthwith, if not wanted in connection with any other case. Appellant Amir Hossain Dhali is discharged from his bail bond forthwith. Ed. This Case is also Reported in: 49 DLR (HD) (1997)163. ..Category: Criminal Law | Date: | Hits: 85
.... who has not accepted the award, but in the instant cases applicants had accepted the compensation money. Number two, under section 29(d) the Arbitrator is to cause a notice served upon the requiring persons, but it was not done in the instant cases. Number three, under section 31 Arbitrator shall b......pposite parties in the other civil revisions shall get interest @ 10 percent from the date of this judgment (19-8-96) till realisation.
Ed.
This Case is also Reported in: 49 DLR (HD) (1997) 160.......e Party No.1 (In Civil Revision Nos.123‑125 of 1996)
Civil Revision Nos. 121 to 125 of 1996 with Civil Revision No.369 of 1996.
Judgment
Md. Golam Rabbani J.- All these Rules have been obtained by the Requiring Body against the awards of compensation for acquired lands arising out of six ......pposite parties in the other civil revisions shall get interest @ 10 percent from the date of this judgment (19-8-96) till realisation.
Ed.
This Case is also Reported in: 49 DLR (HD) (1997) 160...
Category: Property Law | Date: | Hits: 84
Jahangir Alam and others Vs. State, 2011, 40 CLC (HCD)
....en the informant along with his force entered into that office and after searching their body recovered those notes from the pocket of accused No.3 and made the seizure list and for which the accused persons committed the offence under sections 161/165(ka)/109 of the Penal Code read with section 5(2......d from their respective bail bonds. Send down the lower court record together with a copy of the judgment to the Court below at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 294.......wn the lower court record together with a copy of the judgment to the Court below at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 294.......d from their respective bail bonds. Send down the lower court record together with a copy of the judgment to the Court below at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 294...Category: Criminal Law | Date: | Hits: 142
....case initiated under the Arms Act cannot be the good ground for preventive detention. The other allegations that the detenu being a political activist in co‑operation with various organisations and persons in carrying on illicit activities on behalf of a particular political organisation in order ......lice Station Kotwali, District Dhaka now detained in Dhaka Central Jail be set at liberty forthwith if he is not required in any other case.
Ed.
This Case is also Reported in: 55 DLR (2003) 430. ......haka Central Jail be set at liberty forthwith if he is not required in any other case.
Ed.
This Case is also Reported in: 55 DLR (2003) 430. ......lice Station Kotwali, District Dhaka now detained in Dhaka Central Jail be set at liberty forthwith if he is not required in any other case.
Ed.
This Case is also Reported in: 55 DLR (2003) 430. ..
Category: Criminal Law | Date: | Hits: 104
Insab Ali (Md.) Vs. Magistrate (Abu Zafar) Jessore and others, 2010, 39 CLC (HCD)
....attend in a Court as a witness of the search unless specially summoned by it. (Chapter VII-of processes to compel the Production of Documents and other Movable Property, and for the Discovery of persons wrongfully confined. Chapter VII-of security for keeping the Peace and for Good Behaviour.) ...... Kg Soybean oil not shown in the seizure list is hereby declared to have been done without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 290. ......y declared to have been done without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 290. ...... Kg Soybean oil not shown in the seizure list is hereby declared to have been done without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 290. ..Category: Criminal Law | Date: | Hits: 94
Salma Begum Vs. Sonali Bank Limited and others, 2010, 39 CLC (HCD)
.... bidders for auction sale of the schedule property. The tender notice was published in 'The Daily Janakantha' on 23-4-2009, and on 28-4-2009 some officials of decree-holder bank along with some other persons went to the schedule property when they disclosed that they would take over the possession o......1-2009 passed by the learned Additional District judge, 2nd Court Dhaka, in Miscellaneous Appeal No.230 of 2009 is here by set aside. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 282. ......Cases Referred to- 15 MLR (AD) 20; 15 BLT (AD) 237; 15 BLT at page 425. Lawyers Involved: SB Bhandari with Shah Md. Munir Sharif, Advocates - For the Petitioner. Moudud Ahmed with Raziudddin Ahmed, KP Bhowmik and Khalifa Shamsun Nahar, Advocates - For the Opposite-Party No.1. Md. Hefz......1-2009 passed by the learned Additional District judge, 2nd Court Dhaka, in Miscellaneous Appeal No.230 of 2009 is here by set aside. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 282. ..Category: Civil Law | Date: | Hits: 229
Mokbul Hossain and another Vs. State, 2003, 32 CLC (HCD)
....ted of the charge thereunder. Both appellants Mokbul Hossain and Atikul are directed to be set at liberty if not required in any other case. Ed. This Case is also Reported in: 55 DLR (2003) 396. ......d P.W.9 Jasimuddin were Mamata bhai of P.W.1 being sons of P.W.6. He accordingly submits that P.W. 1, 2, 5, 6 and 9 being closely related to each other their evidence cannot inspire confidence, being interested witnesses. P.W.4 Siddiqur Rahman, P.W.8 Rustom Ali although not related to P.W.1 yet they......Mokbul Hossain and Atikul are directed to be set at liberty if not required in any other case. Ed. This Case is also Reported in: 55 DLR (2003) 396. ......ted of the charge thereunder. Both appellants Mokbul Hossain and Atikul are directed to be set at liberty if not required in any other case. Ed. This Case is also Reported in: 55 DLR (2003) 396. ..Category: Criminal Law | Date: | Hits: 103
Yasinullah Vs. State, 2003, 32 CLC (HCD)
....secution story, in brief, is that one Entajullah as informant lodged a First informant Report with the local police station against some accused on 21‑2‑1999 alleging inter alia, that the accused persons are dangerous and desperate in nature in the locality and accused persons are always trying ......the Police reports he would accept after considering the entire circumstances and facts of the case. The Rule is accordingly discharged. Ed. This Case is also Reported in: 55 DLR (2003) 393. ......dering the entire circumstances and facts of the case. The Rule is accordingly discharged. Ed. This Case is also Reported in: 55 DLR (2003) 393. ......the Police reports he would accept after considering the entire circumstances and facts of the case. The Rule is accordingly discharged. Ed. This Case is also Reported in: 55 DLR (2003) 393. ..Category: Criminal Law | Date: | Hits: 86
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