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Chutta Miah Vs. State, 2004, 33 CLC (HCD)
.... made above and in accordance with law after giving the petitioner an opportunity to recall the prosecution witnesses for cross-examination. Ed. This Case is also Reported in: 56 DLR (2004) 610. ......elow, while disposing of the said application for recalling the PWs filed by the accused-petitioner without taking into consideration all the above aspects of the matter, came to an arbitrary finding holding that a State defence lawyer was appointed to defend the accused Chutta Mia, who cross-examin..Category: Criminal Law | Date: | Hits: 68
Azad Hossain (Md) Vs. State, 2003, 32 CLC (HCD)
....with the Special Tribunal Case No. 41 of 1996 immediately, if not wanted in connection with any other case. Communicate the order at once. Ed. This Case is also Reported in: 56 DLR (2004) 602.......onvict of the said case and prayed for his release. But the learned Judge of the Tribunal without scrutinising the matter as to whether the petitioner is the real convict of the said case and without holding any inquiry to ascertain the identity of the petitioner rejected the application by simply o..Category: Criminal Law | Date: | Hits: 73
Abdur Rashid Chowdhury Vs. Additional District Judge and others, 2003, 32 CLC (HCD)
....by directed to proceed with the suit by issue of the summons/notice however, in accordance with law, expeditiously. Communicate at once. Ed. This Case is also Reported in: 56 DLR (2004) 573. ......ntiff had any valid and matured debt against the defendants within the meaning of section 9(1) of the Act could only be decided at the trial of the suit. 35. But the Court fell in serious error in holding that no individual natural person as creditor is entitled to present a plaint, that no debt ..Category: Others | Date: | Hits: 185
Shahid Hamid and another Vs. Nilufar Momtaz and anothe, 2011, 40 CLC (AD)
....erference. Therefore, we do not find any substance in this appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 34. ...... Court can not adjudicate upon a dispute before adjudicating the same under the Arbitration Act. 18. The High Court Division set aside the judgment and decree of the learned Joint District Judge holding that on the plea of implied bar the plaint could not be rejected and that the suit should or..Category: Property Law | Date: | Hits: 81
Mantu Faraji alias Jamal Faraji and others Vs. Mahiuddin Khan, 1996, 25 CLC (HCD)
....ng for the pre-emptee petitioners, urges only one point before this Court. His only submission is that the case land is a homestead land although situated in the rural area and, as such, it is not an agricultural land but a non-agricultural land and, as such, an application under section 96 of the S......The opposite party No.1 filed an application under section 96 of the State Acquisition and Tenancy Act against the present petitioners and others to pre-emption the case land as co-sharer of the case holding. The case was resisted by the pre-emptee petitioners denying the material allegations made i..Category: Property Law | Date: | Hits: 70
NFM Universeum Estate Ltd. Vs. ANM Obaidul Islam and others, 2004, 33 CLC (HCD)
....rocedure for using said deed in the suit knowing it to be forged and fraudulent for criminal prosecution. Send down the records at once. Ed. This Case is also Reported in: 56 DLR (2004) 563. ......dispossessed the plaintiff in 1992. 26. Syed Md. Delawar Hossain was examined as Advocate Commissioner. He deposed that he was the member of Dhaka Bar and appointed an Advocate Commissioner. After holding investigation he submitted his report dated 12‑5‑98. 27. Abdul Awal Minto on behalf o..Category: Property Law | Date: | Hits: 85
Sonali Bank Vs. Mahbubul Amin & others, 1989, 18 CLC (HCD)
....Execution Case No.791 of 1986 is vacated. The Execution Case will proceed in accordance with law. The records be sent down at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 298. ......n that reported decision their Lordships of the Appellate Division on a different consideration reduced the quantum of interest. In the present case interest having been awarded there is no scope for holding that the interest has been refused from the filing of the suit. 13. From Order No.1 it ap..Category: Procedural Law | Date: | Hits: 74
Abdus Samad & others Vs. State, 1989, 18 CLC (HCD)
....t with a fresh application on Revision along with a prayer for bail after surrender, if so advised. Send down the records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 291. ...... petition was duly preferred before the Federal Court and his Counsel appeared on petitioner's behalf. Their Lordships of the Federal Court however, dismissed the petition for special leave to appeal holding that the Court would not act in aid of a person who was a fugitive from justice. It was held..Category: Criminal Law | Date: | Hits: 95
M. M. Rafiqul Hyder Vs. The State, 1988, 17 CLC (HCD)
....cuments, articles of daily use, clothes etc. belonging to the accused appellant may be returned to him after proper identification. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 274. ......l Court No. XVI for disposal. Mr. Kazi Gholam Rasul, Special Tribunal Court No.XVI received the Case on 6.11.86. 4. Mr. Sheikh Rezwan Ali, Special Tribunal No.XVI, Dhaka (constituted specially for holding trial of smuggling cases) on 5.3.87 framed charge under section 156 (8) read with section 25..Category: Criminal Law | Date: | Hits: 87
Md. Osman Vs. Fatema Khatoon & others, 1989, 18 CLC (HCD)
....l is allowed with costs and the judgment and decree of the lower appellate Court is set aside and those of the Trial Court is upheld. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 270.......etermining the tenancy. The plea of bona fide requirement of the premises was false as the plaintiff had many other residential houses in the town. 4. The learned Munsif decreed the suit in part holding that the defendants were defaulters and the plaintiff was entitled to get Tk.192/- as arrear..Category: Property Law | Date: | Hits: 66
Basiran Bewa Vs. State, 2004, 33 CLC (HCD)
....titioner complying with the above order of the Sessions Judge are hereby quashed. Communicate the order to the Courts concerned at once. Ed. This Case is also Reported in: 56 DLR (2004) 553. ......to take cognizance of an offence against any accused; that their power is strictly limited to directing further enquiry and that it is the Magistrate concerned to take or not to take cognizance after holding further enquiry. 10. Thus it is well settled that the Sessions Judge cannot direct the Ma..Category: Criminal Law | Date: | Hits: 81
Rahima Khatun Vs. Md. Nurul Hoque & others, 1996, 25 CLC (HCD)
....the result, the Rule is discharged without any order as to costs. The order of stay earlier granted by this Court is hereby vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 140.......usal of the impugned order it appears that the contention raised by the plaintiff petitioner before this Court were also agitated before the trial Court and the trial Court repelled their contentions holding that the opposite party Nos. 1-9 as legal representatives of deceased defendant No.18 are ve..Category: Procedural Law | Date: | Hits: 67
Category: Property Law | Date: | Hits: 56
Nirman International Ltd. Vs. Islam Steel Mills Ltd. and others, 1997, 26 CLC (HCD)
.... learned brother has already discussed and observed very clearly the legal aspect on this point in view of case laws cited before us. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 125. ......aterial to hold that the appellant has motive to delay the execution of the decree. He further argued with reference to Order 38 rule 8 CPC that where a claim to the property attached is made without holding investigation the order of attachment cannot be set aside as the same requires investigation..Category: Procedural Law | Date: | Hits: 118
Nurul Islam and others Vs. Khatibuddin Ahmed and others, 2004, 33 CLC (HCD)
....accordance with law on the evidence adduced by the parties, if any. Send down the copy of this judgment and order to Courts below at once. Ed. This Case is also Reported in: 56 DLR (2004) 545.......nal District Judge, 2nd Court, Dinajpur in Miscellaneous Appeal No. 66 of 2003 allowing the application under Order XXXIX, rules 1 and 2 of the Code of Civil Procedure restraining the defendants from holding election of Dinajpur Bar Association on the basis of the amended Constitution of the said As..Category: Civil Law | Date: | Hits: 74
Naogaon Rice Mills Ltd. Vs. Pubali Batik Ltd., 2002, 31 CLC (HCD)
....he learned Artha Rin Adalat and the learned Cognizance Court and Magistrate, 1st Class, Naogaon for their information and necessary action. Ed. This Case is also Reported in: 56 DLR (2004) 543. ......ation to a proceeding before the Civil Court. The learned Advocate for the petitioner submits that in the instant case, the Artha Rin Adalat clearly erred in law in passing the impugned order without holding the mandatory preliminary enquiry and the same has occasioned failure of justice and, conseq..Category: Criminal Law | Date: | Hits: 82
Category: Property Law | Date: | Hits: 64
Md. Mosharaf Hossain Sukani Vs. State and another, 2009, 38 CLC (HCD)
....d for. Hence the Rule fails. In the result, the Rule is discharged. Order of stay stands vacated. Send down the LCR at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 35. ......ge. It is held in the case of State of Maharashtra Vs. Ishwar Piraji Kalpatri 1995 (4) Crimes 769 (771) (SC) that when FIR discloses a strong prima facie case against the petitioner for which without holding trial his innocence cannot be proved by an application under section 561A of the Code. The C..Category: Criminal Law | Date: | Hits: 76
Adilur Rahman Khan Vs. Bangladesh, 2008, 37 CLC (HCD)
....hority and are of no legal effect. We are grateful to the members of the bar who have actively assisted us. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 3; 16 BLC (HCD) (2011) 100. ......ispensation of justice other than the judiciary system and under Part-VI Article 94 to Article 117 of the Constitution empowers the Supreme Court and the Subordinate Court under the Supreme Court for holding trial in accordance with law of the offences made by the offenders. But upon close interpret..Category: Constitutional Law | Date: | Hits: 264
Category: Civil Law | Date: | Hits: 92