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Rana Madbar and others Vs. State, 1999, 18 CLC (HCD)

....2 are affirmed and as against appellant No.3, Nazrul Islam, set aside and he be released at once if not wanted in any other connection. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 499.......eported in 1991 BLD 11. In the above reported case a gun with 11 cartridges were recovered from a bamboo clump on the basis of the confessional statement of an accused. The confessional statement was recorded in a plain paper and the learned Magistrate who recorded the statement was not examined in ......Nazrul Islam, set aside and he be released at once if not wanted in any other connection. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 499.......2 are affirmed and as against appellant No.3, Nazrul Islam, set aside and he be released at once if not wanted in any other connection. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 499...

Category: Criminal Law | Date: | Hits: 59

Ismail Vs. State, 1999, 18 CLC (HCD)

....rt is directed to allow an opportunity to the accused appellant to cross-examine the prosecution witnesses. Send down the LCRs at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 497.......d Advocate who was appointed at such a late stage to defend the absconding accused, had no opportunity to go through the relevant papers such as the First Information Report, Charge sheet, statements recorded under section 161 of the Code of Criminal Procedure, seizure list, sketch map, index, etc. ......accused appellant to cross-examine the prosecution witnesses. Send down the LCRs at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 497.......rt is directed to allow an opportunity to the accused appellant to cross-examine the prosecution witnesses. Send down the LCRs at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 497...

Category: Criminal Law | Date: | Hits: 74

Rafiqul Islam @ Rafiq and others Vs. State, 1999, 18 CLC (HCD)

....d down the LC records along with a copy of this judgment to the trial Court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 488.......p investigation, visited the place of occurrence, seized alamats of the case in presence of witnesses by prepared sketch map with separate index of the place of occurrence, examined the witnesses and recorded their statements under section 164 of the Code of Criminal Procedure, arrested the accused-......s judgment to the trial Court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 488.......d down the LC records along with a copy of this judgment to the trial Court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 488...

Category: Criminal Law | Date: | Hits: 70

Serajuddin Shah (Md.) Vs. Secretary, Ministry of Religious Affairs and others, 1999, 18 CLC (HCD)

...., is not without lawful authority. In the result, the Rule is discharged without any order as to cost. Order of stay stands vacated. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 479.......olled for the first time by order dated 29-11-47 and one Abdul Hafiz, son of Samiruddin, was appointed Mutawalli. Admittedly, there is no waqf deed and in the CS Khatian property of the said waqf was recorded as a Lakheraj waqf property under the Dhaka Nawab Court of Wards Estate showing Nawab Khwaj......he Rule is discharged without any order as to cost. Order of stay stands vacated. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 479......., is not without lawful authority. In the result, the Rule is discharged without any order as to cost. Order of stay stands vacated. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 479...

Category: Trust/Waqf Law | Date: | Hits: 142

Motaleb Sardar (Md.) and others Vs. State and another, 1998, 17 CLC (HCD)

.... to surrender to their bail bonds immediately to serve out the sentences imposed on them. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 278.......A186-87/XII-M-133/86-87 and since 2-5-87 they have been owning and possessing the same on payment of rent to the Government Acquired Estate. It was further alleged that the case land has rightly been recorded in their names in the recent Field Survey Like the previous years the complainant sowed Gab......to serve out the sentences imposed on them. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 278....... prosecution case, in short, is that, complainant Kasem Ali Bepari and his wife as landless cultivators got settlement of the case land measuring 96 decimals from the Government in plot No. 364 under khatian No.486 of mouza 85 Bara Kabajkhil is settlement Case No. XII-17 RA186-87/XII-M-133/86-87 and..

Category: Criminal Law | Date: | Hits: 73

Ali Akbar (Md.) Vs. State and others, 1998, 17 CLC (HCD)

....titioner is dead we requested Mr. Md. Khurshid Alam Khan, Advocate to assist the court on behalf of the petitioner. He submitted that in spite of consistent testimony of eye-witness P.Ws. Court below wrongly acquitted the accused persons on an erroneous consideration that First Information Report Ca......e conformity with the facts revealed from the circumstantial evidence found by him in the sketch map, index and seizure list. In this connection we like to refer to the First Information Report Ext.1 recorded by the investigation officer P.W.14 SI Mujibur Rahman. First Information Report is merely s......and necessary action after bringing the judgment to the notice the respective Minister. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 268. ......ice and Parliamentary Affairs for information and necessary action after bringing the judgment to the notice the respective Minister. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 268. ..

Category: Criminal Law | Date: | Hits: 64

Abul Bashar Shaikh Vs. State, 1996, 25 CLC (HCD)

.... arrest if he fails to surrender to his bail bound and to remand him to jail custody to serve out the remaining period of his sentence. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 252.......ars and 7(seven) years respectively and directing both the sentences to run concurrently. 2. Learned Advocate appearing for the appellant after placing the impugned judgment and other materials on recorded submitted that appellant was arrested from the Palong Thana area and the revolver and bulle......ound and to remand him to jail custody to serve out the remaining period of his sentence. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 252....... arrest if he fails to surrender to his bail bound and to remand him to jail custody to serve out the remaining period of his sentence. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 252...

Category: Criminal Law | Date: | Hits: 73

State Vs. Tota Mia, 1997, 16 CLC (HCD)

....their respective bail bond. Conviction and sentence passed against absconding convict Md. Badruzzaman alias Chand Mia are set aside. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 244....... the police station who made the GD Entry is P.W.23 Manir Hossain. He deposed that before lodging of the FIR Selim Reza on being injured came running to the police station and gave statement which he recorded in GD Entry No.322 dated 14-3-88. It was suggested to him by the defence that Selim Reza co......sentence passed against absconding convict Md. Badruzzaman alias Chand Mia are set aside. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 244.......their respective bail bond. Conviction and sentence passed against absconding convict Md. Badruzzaman alias Chand Mia are set aside. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 244...

Category: Criminal Law | Date: | Hits: 74

Nurul Huq Vs. Secretary, Rural Electri­fication Board and another, 1991, 20 CLC (HCD)

....ade without lawful authority and to be of no legal effect. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 666. ......e Regulations 1986. Regulation 32 of the Service Regulation which deals with inquiry procedure provides that inquiry officer shall conduct a normal inquiry at which formal evidence shall he heard and recorded and the accused shall be entitled to cross-­examine the witnesses against him. There is no......ct. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 666. ......ade without lawful authority and to be of no legal effect. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 666. ..

Category: Employment/Service Law | Date: | Hits: 65

Agrani Bank Vs. Artha Rin Adalat and others, 2003, 32 CLC (HCD)

.... interlocutory order under section 115(1) of the CPC the court is not left without power and the party is not left without relief. When it is apparent on the face of the record that the suit has been wrongly entertained and proceeded with in the Adalat, this Court may act under section 151 of the Co......our considered view is that the Writ Petition against the impugned order is not maintainable. The writ petition is thus summarily rejected. Ed. This Case is also Reported in: 55 DLR (2003) 389. ......the impugned order is not maintainable. The writ petition is thus summarily rejected. Ed. This Case is also Reported in: 55 DLR (2003) 389. ......our considered view is that the Writ Petition against the impugned order is not maintainable. The writ petition is thus summarily rejected. Ed. This Case is also Reported in: 55 DLR (2003) 389. ..

Category: Administrative Law | Date: | Hits: 200

Rezaul Karim (Md.) Vs. State, 2002, 31 CLC (HCD)

.... Additional Sessions Judge though found that there was no clear evidence as to the involvement of the accused appellant in the commission of the alleged offence yet on misconstruction of fact and law wrongly convicted the accused appellant on the sole basis of the confessional statements of two co-a...... by Hares. In continuation of the earlier dispute the present dispute arose. The witnesses saw the occurrence. The informant Muzammel Hoque lodged an ejahar with the Charghat Police Station which was recorded as Charghat PS Case No. 4 dated 12‑11‑1987. 3. The prosecution examined 18 witnesses......n with another case. Send down the LC record with a copy of­ this judgment expeditiously. Ed. This Case is also Reported in: 55 DLR (2003) 382. ......t liberty forthwith if not wanted in connection with another case. Send down the LC record with a copy of­ this judgment expeditiously. Ed. This Case is also Reported in: 55 DLR (2003) 382. ..

Category: Criminal Law | Date: | Hits: 71

State Vs. Deputy Commissioner, Satkhira and others, 1992, 21 CLC (HCD)

....y of its departments or organisations in order to mitigate his sufferings and compensate his loss to some extent. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 643. ......cases were also sent to this Court for our consideration. On 03.11.92 the detenu was produced before this Court having chains on both legs (Danda‑beri). This Court examined the detenu in person and recorded his statements in open Court. From his physical appearance as well as from his statement th......to mitigate his sufferings and compensate his loss to some extent. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 643. ......y of its departments or organisations in order to mitigate his sufferings and compensate his loss to some extent. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 643. ..

Category: Criminal Law | Date: | Hits: 97

Mustafa Kamal and others Vs. Director of Land Records and others, 1991, 20 CLC (HCD)

....assed without lawful authority and the same are of no legal effect. In the result, both the Rules are made absolute without costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 634. ......this judgment. 3. The petitioner's case in Writ Petition No.207/86 is that they purchased the land in question from one Siddique Ahmed by a registered kabala dated 15.8.79. Originally the land was recorded in the name of its owner Abdur Rahman in RS khatian. Subsequently Fazar Rahman, the heir of......egal effect. In the result, both the Rules are made absolute without costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 634. ......tition No.207/86 is that they purchased the land in question from one Siddique Ahmed by a registered kabala dated 15.8.79. Originally the land was recorded in the name of its owner Abdur Rahman in RS khatian. Subsequently Fazar Rahman, the heir of Abdur Rahman, sold the same to one Nur Mohammad by r..

Category: Property Law | Date: | Hits: 73

AKM Mukhlesur Rahman Vs. State, 1991, 20 CLC (HCD)

....lled against him and he is acquitted of same. He is discharged from his bail bond. Let the lower Court records be sent down at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 626.......rred to an unfavourable place and the appellant wanted that the money be paid by two instalments and the first one should be paid on 8.3.89 by 4‑00/5‑00 PM of that date. This exhibit is the first recorded version of the whole case. In this application the complainant P.W.2 has not stated where s......e is discharged from his bail bond. Let the lower Court records be sent down at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 626.......lled against him and he is acquitted of same. He is discharged from his bail bond. Let the lower Court records be sent down at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 626...

Category: Criminal Law | Date: | Hits: 90

Kazi Shafiul Nasher Vs. Secondary and Higher Secondary Education Board, Jessore and others, 1991, 20 CLC (HCD)

....ayer in disposing of a matter under Article 102 of the Constitution. The Rule is therefore discharged without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 619.......document and the names of the witnesses were not disclosed to him nor even the names of the members of the Inquiry Committee. The petitioner was not given any opportunity to see what was the evidence recorded against him and he was not allowed either to cross examine or to confront the witnesses to ......Constitution. The Rule is therefore discharged without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 619.......ayer in disposing of a matter under Article 102 of the Constitution. The Rule is therefore discharged without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 619...

Category: Civil Law | Date: | Hits: 159

Bangladesh Vs. Abdul Matin Sarder being dead his legal heirs: 1(Ka) S.M. Yahia Iqbal and oth­ers, 2011, 40 CLC (AD)

....he plain­tiffs further alleged that during preparation of P.R.R. Khatian, at the initial stage the suit land was recorded in the name of the plaintiffs but in final record the suit land was recorded wrongly in the khas khatian and such wrong record has clouded the plaintiff’s title. 4. The de......ide the auc­tion sale which was decreed on compro­mise and the sale was set aside. The plain­tiffs further alleged that during preparation of P.R.R. Khatian, at the initial stage the suit land was recorded in the name of the plaintiffs but in final record the suit land was recorded wrongly in the......Court in accordance with rules. Ed. This Case is also Reported in: VIII ADC (2011) 479. ......her alleged that during preparation of P.R.R. Khatian, at the initial stage the suit land was recorded in the name of the plaintiffs but in final record the suit land was recorded wrongly in the khas khatian and such wrong record has clouded the plaintiff’s title. 4. The defendant No.6, Govern..

Category: Property Law | Date: | Hits: 76

Ali Amzad Khan Vs. Md. Titam Khan and others, 2011, 40 CLC (AD)

....two of the plaint is not binding upon him. His case in short is that Sultan Khan, the original owner of the suit land gifted the suit land to him but during the field survey operation some lands were wrongly recorded in the name of Alam Khan and taking advantage of wrong recording, the latter transf......he plaint is not binding upon him. His case in short is that Sultan Khan, the original owner of the suit land gifted the suit land to him but during the field survey operation some lands were wrongly recorded in the name of Alam Khan and taking advantage of wrong recording, the latter transferred th...... Court in accordance with rule. Ed. This Case is also Reported in: VIII ADC (2011) 495. ......000/- is to be deposited within 1 (one) month. Petitioner is permitted to prepare the paper book out of Court in accordance with rule. Ed. This Case is also Reported in: VIII ADC (2011) 495. ..

Category: Property Law | Date: | Hits: 87

Subrata Dev Roy Vs. Saroswati Rabni Paul being dead her legal heirs: 1(ka) Netai Pada Paul and another, 2011, 40 CLC (AD)

..... Since review does not mean rehearing of the matter, we find no merit in the review petition. The petition is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 477. ......section 24 of the Non-Agricultural Tenancy Act, 1949 against Saraswati Rani Paul, the predeces­sor-in-interest of the respondent Nos. 1 (Ka) and 1(Kha) claiming that he is a co-sharer in the tenancy recorded in C.S. Khatian No. 323 of Mouza Mymensingh Town. The opposite party No.2 in the pre-emptio......tion is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 477. ...... case by filing written objection contending, inter alia, that the pre-emptor is not a co-sharer in the case land and has no locus standi to claim pre-emption. The pre-emptee further alleged that the khatian was separated by a decree passed in Partition Suit No.133 of 1918 and since then the origina..

Category: Procedural Law | Date: | Hits: 76

Superintendent Musrat Dhulia Dakhil Madrasha Vs. Md. Rafiqul Islam and another, 2011, 40 CLC (AD)

.... that the High Court Division erred in not considering the exhibits "Cha" series, which proves service of show cause notice upon the plaintiff and acknowledge­ment thereof by the plaintiff and hence wrongly observed that the plaintiff was not given any opportunity of being heard and arrived at an e......ent and order passed by the High Court Division dated 23.11.2008 in Civil Revision No. 588 of 2002 be stayed till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 488. ...... No. 588 of 2002 be stayed till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 488. ......ent and order passed by the High Court Division dated 23.11.2008 in Civil Revision No. 588 of 2002 be stayed till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 488. ..

Category: Employment/Service Law | Date: | Hits: 55

Most. Begum Rofika Vs. Mohammad Ali Sheikh others, 2009, 38 CLC (AD)

.... non consideration of evi­dence or that the judgment of the High Court Division is materially perverse. The petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 502. ...... non consideration of evi­dence or that the judgment of the High Court Division is materially perverse. The petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 502. ......€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦Petitioner Vs. Mohammad Ali Sheikh others.................................Respondents Judgment July 22, 2009. Result: The petition is dismissed. Lawyers involved: M.M. Abdul Quayum, Senior Advocate instructed by Md. Nawab Ali, Advocate-on-Record-For ...... non consideration of evi­dence or that the judgment of the High Court Division is materially perverse. The petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 502. ..

Category: Property Law | Date: | Hits: 64