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Abul Kalam Vs. State, 2011, 40 CLC (HCD)
....the appellant in jail hajot during the trial, would, however be deducted from his sentence. Send down the lower Court records. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ......he first information report, which he proved as exhibit-4 and his signature thereon as exhibit-4/1. P.W.9, Dulal Chandra Deb, the Investigating Officer stated that he visited the place of occurrence, recorded the statements of the witnesses under section 161 of the Code of Criminal Procedure, prepar......ould, however be deducted from his sentence. Send down the lower Court records. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ......the appellant in jail hajot during the trial, would, however be deducted from his sentence. Send down the lower Court records. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 58
State Vs. Shamima Arshad, 2000, 29 CLC (HCD)
....on made above we do not find any substance in this appeal. In the result the appeal is dismissed. Let the records be sent down at once. Ed. This Case is also Reported in: 52 DLR (2000) 617.......on and holding chemical examination of some materials. 5. P.Ws. 11 and 15 are sister’s husband and sister of the deceased respectively who admittedly are not eye-witnesses. P.W.16, a Magistrate, recorded statement of witnesses under section 164 CrPC. P.W.19 does not know anything of the occurre......his appeal. In the result the appeal is dismissed. Let the records be sent down at once. Ed. This Case is also Reported in: 52 DLR (2000) 617.......on made above we do not find any substance in this appeal. In the result the appeal is dismissed. Let the records be sent down at once. Ed. This Case is also Reported in: 52 DLR (2000) 617...Category: Criminal Law | Date: | Hits: 60
Major General (Retd.) Mahmudul Hasan Vs. State, 2000, 29 CLC (HCD)
....responding to TR No.9 of 1991 pending in the Court of Magistrate, First Class, Kotalipara, Gopalgonj is quashed in respect of the petitioner. Ed. This Case is also Reported in: 52 DLR (2000) 612....... very difficult to prove the identity of such caller. There is nothing before us to show that any instruction was given in writing. There is nothing in the record that the telephonic conversation was recorded by any mechanical device. 10. Under such circumstances we are of the view that this alle......urt of Magistrate, First Class, Kotalipara, Gopalgonj is quashed in respect of the petitioner. Ed. This Case is also Reported in: 52 DLR (2000) 612.......responding to TR No.9 of 1991 pending in the Court of Magistrate, First Class, Kotalipara, Gopalgonj is quashed in respect of the petitioner. Ed. This Case is also Reported in: 52 DLR (2000) 612...Category: Criminal Law | Date: | Hits: 58
Syed Sad Ali Vs. Bidhan Chandra Dev and others, 1998, 27 CLC (HCD)
....nt and order passed by the learned Subordinate Judge, Moulavibazar. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 52 DLR (2000) 609. ......he same landlord in respect of undivided land though such co-sharer tenants may be co-sharer tenants of the tenancy. 7. In the reported case, the case land appertaining to a permanent tenure stood recorded in CS. Khatian No.214 under Mouza Shahar Dacca, owned by Akshoy Kumar Saha Banik and Rangub......tion) Present: MA Aziz J Syed Sad Ali………Petitioner Vs. Bidhan Chandra Dev and others……….Opposite Parties Judgment June 9, 1998. Cases Referred To- SM Basiruddin Vs. Zahurul Islam Chowdhury and others, 35 DLR (AD) 230; Chandra Ghose Vs. Mujibul Islam, 12 DLR ......nt and order passed by the learned Subordinate Judge, Moulavibazar. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 52 DLR (2000) 609. ..Category: Property Law | Date: | Hits: 70
Md. Tota Miah @ Tota Vs. State, 2011, 40 CLC (HCD)
.... to cancel the bail, if the accused petitioner misuses in any way the privilege of bail. Communicate the order at once. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ......bail was rejected by the impugned order, he then obtained the instant rule. 4. The learned advocate appearing for the petitioner on drawing our attention to the statement of the accused petitioner recorded under section 164 of the Code of Criminal Procedure submits that on perusal of the statemen......misuses in any way the privilege of bail. Communicate the order at once. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ...... to cancel the bail, if the accused petitioner misuses in any way the privilege of bail. Communicate the order at once. Md. Ashraful Kamal J. - I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 76
Mohammad Ali and another Vs. Noor Mohammad, 2010, 39 CLC (HCD)
....discharged his onus, the ground as taken by the defendant/appellant/opposite party in this court false flat. 27. The learned Senior Counsel Dr. Rafiqur Rahman next argued that the appellate court wrongly held that the plaintiffs failed to prove his exclusive possession in the suit property being......ot No.756 and other two owners possessed C.S. Plot Nos.759 and 788 under the said C.S. Khatian No.160. Thereafter Yeakub Matabbar died leaving behind his only son Sarafat Ali whose name was correctly recorded in the S.A. Khatian for the entire 1.23 acres of land, whereupon he sold 0.26 acres of land......Jurisdiction) Present: AFM Abdur Rahman J 1. Mohammad Ali, son of late Sebu Miah 2. Ambia Khatun, Wife of Mohammad Ali, both of village Pachdona, P.S. Keranigonj, District Dhaka……..Plaintiff-Respondent-Petitioners Vs. Noor Mohammad, Son of Late Kafiluddin of village-Nababercha...... passed by the learned Assistant Judge, Keranigonj, Dhaka in title Suit No. 186 of 1995 is hereby restored. However, there shall be no order as to costs. Ed. This Case is also Reported in: ..Category: Property Law | Date: | Hits: 62
Rupali Bank Ltd. Vs. Chairman, 2nd Labour Court Dhaka & another, 1999, 28 CLC (HCD)
....25 of the Act”. 13. These decisions are also supported by the decision reported in (Abul Kalam Vs. Labour Court, 38 DLR 399). The learned Counsel for the petitioner has submitted that rightly or wrongly if the respondents have not been paid their benefit as permanent worker for so many years th......d by the 2nd Labour Court, Dhaka (respondent No.1) the petitioner has filed these Writ Petitions and obtained the Rules. 8. It appears from the evidence, the facts and circumstance of the cases as recorded in the judgments that each of the respondent No.2 although employed as temporary worker the...... petitions. In the result the Rules are discharged without any order as to costs. Ed. This case is also Reported in: 52 DLR (2000) 603. ......oresaid complaint cases by Annexure “C” to the writ petitions. In the result the Rules are discharged without any order as to costs. Ed. This case is also Reported in: 52 DLR (2000) 603. ..Category: Labour and Industrial Law | Date: | Hits: 140
Rasharaj Sarker Vs. State, 2000, 29 CLC (HCD)
....7 and the order dated 14-5-87 of the learned Additional Chief Metropolitan Magistrate, Dhaka in GR case No.1991 of 1982 are hereby quashed. Ed. This case is also Reported in: 52 DLR (2000) 598. ......stituted otherwise than upon complaint, a Metropolitan Magistrate, a Magistrate of the first class or with the previous sanction of the District Magistrate, any other Magistrate may for reasons to be recorded by him, stop the proceedings at any stage without pronouncing any judgment either of acquit......ditional Chief Metropolitan Magistrate, Dhaka in GR case No.1991 of 1982 are hereby quashed. Ed. This case is also Reported in: 52 DLR (2000) 598. ......7 and the order dated 14-5-87 of the learned Additional Chief Metropolitan Magistrate, Dhaka in GR case No.1991 of 1982 are hereby quashed. Ed. This case is also Reported in: 52 DLR (2000) 598. ..Category: Criminal Law | Date: | Hits: 56
Moshfiqul Islam alias Bilu Vs. State, 2000, 29 CLC (HCD)
....qul Islam alias Bilu, son of late Makbul Master, be released at once if not wanted in any other connection. Send down the LC records at once. Ed. This Case is also Reported in: 52 DLR (2000) 593.......e Thana and he was interrogated in the Thana in presence of Officer-in-charge and other police officers and that W.P.6 Shantanu Ghosh interrogated him and that he did not see whether the said officer recorded confessional statement of the accused and that at about 12-30 hours at night they went to t......, be released at once if not wanted in any other connection. Send down the LC records at once. Ed. This Case is also Reported in: 52 DLR (2000) 593.......qul Islam alias Bilu, son of late Makbul Master, be released at once if not wanted in any other connection. Send down the LC records at once. Ed. This Case is also Reported in: 52 DLR (2000) 593...Category: Criminal Law | Date: | Hits: 48
Mujibur Rahman Pathan and another Vs. State, 2011, 40 CLC (HCD)
....ccused from the session case. Thus it appears that the Additional Sessions Judge without proper consideration of the materials on record and application of mind to section 265 C and 265 D of the Code wrongly opined that there is ground for presuming that the respondent had committed the offence….......6.00 hours and thereafter the appellants ousted her from house. While she was going out from the house, appellant No. 2 had beaten her with a stick and kicked her in presence of all. 3. The police recorded the said ejahar as Tejgoan Police Station Case No.22 dated 4.2.2003 under section 11 (kha)/......e time of admitting the appeal is vacated. Communicate a copy of this judgment. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ...... The order of stay passed by this Court at the time of admitting the appeal is vacated. Communicate a copy of this judgment. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 55
Md. Azim Uddin and others Vs. State, 2011, 40 CLC (HCD)
....y at once if not wanted in connection with any other case. Send down the L.C. records at once along with the judgment. AKM Zahirul Haque, J. I agree. Ed. This Case is also Reported in: ......cide, on the following day he came to know the dead body of Kayemuddin. 20. P.W. 8 Doctor Mozammel Haque, who held the autopsy and submitted postmortem. 21. P.W.9 Magistrate Salina Sahadat, who recorded the confessional statement of accused Ala Bax. 22. P.W.10. S.I. Sukumar Mohanta deposed ......other case. Send down the L.C. records at once along with the judgment. AKM Zahirul Haque, J. I agree. Ed. This Case is also Reported in: ......y at once if not wanted in connection with any other case. Send down the L.C. records at once along with the judgment. AKM Zahirul Haque, J. I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 56
Sontai Miah Vs. State, 2011, 40 CLC (HCD)
.... directed to set at liberty at once if not wanted in connection with any other case. Send down the L.C. records at once. AKM Zahirul Haque, J.- I agree. Ed. This Case is also Reported in: ......H.M. Mahfuzur Rahman, during investigation was transferred to other place, then he took investigation and submitted charge sheet in this case. In his deposition he has stated that S.I. Md. Sahidullah recorded the FIR and handed over the investigation to Mahfuzur Rahman, who prepared the surathal rep......ed in connection with any other case. Send down the L.C. records at once. AKM Zahirul Haque, J.- I agree. Ed. This Case is also Reported in: ...... directed to set at liberty at once if not wanted in connection with any other case. Send down the L.C. records at once. AKM Zahirul Haque, J.- I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 50
Md. Mohiuddin Mollah and others Vs. Government of Bangladesh and others, 2010, 39 CLC (AD)
....e above, we find no substance in the submissions of the learned Counsel for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 138. ......cts involved in the case, in short, are that the properties in C.S. Khatian No.26, C.S. Plot No. 164, S.A. Khatian No.153, S.A. Plot No.270 was originally belonged to Ali Baksha and his name has been recorded in C.S. Khatian for an area of 1.58 acres of land; that said Baksha alias Ali Miah died lea......ingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 138. ......e above, we find no substance in the submissions of the learned Counsel for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 138. ..Category: Property Law | Date: | Hits: 59
Abdul Malek Vs. Government of the Bangladesh, 2010, 39 CLC (AD)
....tly discharged the rule. This petition merits no consideration. Accordingly the leave petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 130, 16 MLR (AD) (2011) 440. ......e No. 9/52-53 on the averments, inter alia, that the lands in plot Nos. 32 and 37 measuring an area of 2.90 acres were acquired by the Government in the above case but no compensation was paid to the recorded owners of the lands and the Government did not utilize the said lands and that the petition......missed. Ed. This Case is also Reported in: VIII ADC (2011) 130, 16 MLR (AD) (2011) 440. ......tly discharged the rule. This petition merits no consideration. Accordingly the leave petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 130, 16 MLR (AD) (2011) 440. ..Category: Property Law | Date: | Hits: 58
Daru Miah Vs. Sonaban and others, 1995, 24 CLC (HCD)
....petent by the provision of that section to compare a disputed signature of a person with his admitted or proved signature to arrive at a conclusion. 11. The learned Advocate for the petitioner has wrongly placed his reliance on the decision of the aforesaid case reported in 16 DLR 157 as in that ......der as to costs. The order of stay granted by this Court earlier staying the operation of the impugned judgment and decree is hereby vacated. Ed. This Case is also Reported in: 52 DLR (2000) 589.......ment and decree is hereby vacated. Ed. This Case is also Reported in: 52 DLR (2000) 589.......der as to costs. The order of stay granted by this Court earlier staying the operation of the impugned judgment and decree is hereby vacated. Ed. This Case is also Reported in: 52 DLR (2000) 589...Category: Property Law | Date: | Hits: 89
Abul Kalam Azad (Md.) and 2 others Vs. State and others, 2000, 29 CLC (HCD)
.... of Thana Magistrate Chirirbandar are set aside. Communicate the order to the Magistrate concerned for hearing the matter at early date. Ed. This Case is also Reported in: 52 DLR (2000) 583. ......to the enquiry report in this order. When in the enquiry report it is clearly stated that the complainant got the possession of the properties after his purchase, the learned Magistrate ought to have recorded some reasons as to why this report should not be relied upon or believed. It appears to us ....... Communicate the order to the Magistrate concerned for hearing the matter at early date. Ed. This Case is also Reported in: 52 DLR (2000) 583. ...... of Thana Magistrate Chirirbandar are set aside. Communicate the order to the Magistrate concerned for hearing the matter at early date. Ed. This Case is also Reported in: 52 DLR (2000) 583. ..Category: Criminal Law | Date: | Hits: 67
Delbar Sheikh and Bashiron Nessa Vs. Rahman Sheikh @ Md. A. Rahman and others, 2010, 39 CLC (AD)
....- is to be deposited within 1(one) month. Petitioners are permitted to prepare the paper book out of Court in accordance with rules. Ed. This Order is also Reported in: VIII ADC (2011)124. ......nds which they refused. 3. Defendant Nos. 1,2,3,11,16 and 17 filed written statements but ultimately the defendant Nos.1 and 12 contested the suit by adducing evidence. They admitted that original recorded owner of the suit land was Herajtullah Sheikh, Binod Sheikh and Khoka Sheikh. According to ......Court in accordance with rules. Ed. This Order is also Reported in: VIII ADC (2011)124. ......- is to be deposited within 1(one) month. Petitioners are permitted to prepare the paper book out of Court in accordance with rules. Ed. This Order is also Reported in: VIII ADC (2011)124. ..Category: Property Law | Date: | Hits: 104
Awlad Ali Shiekh and others Vs. Bangladesh and others, 2010, 39 CLC (AD)
....ing of the matter, we regret, we find no merit in the review petition. The petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2011)121; 15 MLR (AD)(2010) 465. ......ing of the matter, we regret, we find no merit in the review petition. The petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2011)121; 15 MLR (AD)(2010) 465. ...... dismissed. Ed. This Case is also Reported in: VII ADC (2011)121; 15 MLR (AD)(2010) 465. ......ing of the matter, we regret, we find no merit in the review petition. The petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2011)121; 15 MLR (AD)(2010) 465. ..Category: Property Law | Date: | Hits: 80
....nings.
Under such circumstances, this petition for Review has got no substance and it is dismissed with the aforesaid observation.
Ed.
This Case is also Reported in: VIII ADC (2011) 114.
......raja of Muktagacha with a further prayer for direction upon the concerned Tahsilder to record his name in the record of rights since he is in peaceful possession of the suit land but his name was not recorded. The learned Subordinate Judge, by his judgment and decree dated 26.11.1981, decreed the su......substance and it is dismissed with the aforesaid observation.
Ed.
This Case is also Reported in: VIII ADC (2011) 114.
......nings.
Under such circumstances, this petition for Review has got no substance and it is dismissed with the aforesaid observation.
Ed.
This Case is also Reported in: VIII ADC (2011) 114.
..
Category: Limitation Law | Date: | Hits: 165
Shah Ahmed Vs. Muhammad Abdullah and others, 2010, 39 CLC (AD)
.... Miscellaneous Case No.173 of 1986 and that the learned Additional District Judge will be at liberty to dispose of the said case on merit. Ed. This Case is also Reported in: VIII ADC (2011)106. ...... 47 of the Waqf Ordinance, 1962 for enrolment of the disputed properties as Waqf property which was said to have registered under diary No. 6862/605 dated 16th October, 1979. 3. The heirs of the recorded owners Momena Khatun, Shah Ahmed Chowdhury and others, the predecessors of the petitioners ...... dispose of the said case on merit. Ed. This Case is also Reported in: VIII ADC (2011)106. ...... Miscellaneous Case No.173 of 1986 and that the learned Additional District Judge will be at liberty to dispose of the said case on merit. Ed. This Case is also Reported in: VIII ADC (2011)106. ..Category: Trust/Waqf Law | Date: | Hits: 171
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