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Badsha (Md.) Miah and others Vs. Soleman Nessa Bibi and others, 1988, 17 CLC (HCD)
....quire any title in the suit lands of the above jama of Taka 4‑5.00 from Ramani Sundari on the basis of their purchase, it any, and they never possessed the suit land. Defendant No. 1 and others had criminal litigations with the plaintiffs regarding the suit land and the plaintiffs lost in all thos...... and he seeks 2(two) months' time for the purpose. The prayer is allowed. Let the operation of this judgment be stayed for 2 (two) months. Ed. This Case is also Reported in: 43 DLR (1991) 646.......orally in favour of the landlords and the landlords entered into khas possession of the land. Subsequently, the interests of Chatterjee Babu were auction purchased by one Satyen Babu in auction for arrear of rent in Rent Execution Case No. 1722/44. The auction purchaser took sale certificate and del..Category: Property Law | Date: | Hits: 70
Tenu Miah and others Vs. The State, 1990, 19 CLC (HCD)
....ether their names have been mutated in the record of right or not. He says that his elder brother knows about it. PW 1 has also admitted that there was no Salish or Darbar on filing any Civil Suit or criminal proceedings over the dispute of the said house and 'Bichra' in question. Seizure list Ext. ...... by their gun shots. Ahad was gunned down by Rahman who died instantaneously. Malek fired at this PW Sonuraj which hit his left eye, he fell down and lost his sense and thereafter he was treated at Mymensingh Hospital but lost his left eye, PW 6 Khorshed Ma also consistently corroborated the statem...... with a view to going to the field and while he was on the District Board Road, accused Hamid, Alfaz and Seraj confronted him. Accused Hamid and Alfaz gave lathi blow to Somed; he raised alarm and retreated towards his house. Hearing his alarm, his brother Mannan, Ahad, Alauddin, Somraj, Azimuddin, ..Category: Criminal Law | Date: | Hits: 68
Mozammel (Md.) Huq Vs. State, 1990, 19 CLC (HCD)
....Court. The Special Tribunal shall have the liberty to cancel the bail‑ of the accused if and when he finds it necessary in course of trial. Ed. This Case is also Reported in: 43 DLR (1991) 614.......Court. The Special Tribunal shall have the liberty to cancel the bail‑ of the accused if and when he finds it necessary in course of trial. Ed. This Case is also Reported in: 43 DLR (1991) 614.......he case should be sent for re‑trial or the accused appellant should be released without making him liable to face a fresh trial. 15. Mr. Serajul Huq pleaded for discharge of the accused upon the reason that the accused appellant has already suffered a little more than half of the sentence that ..Category: Criminal Law | Date: | Hits: 52
Afsar Ali Chowdhury and others Vs. The People's Republic of Bangladesh, 1990, 19 CLC (HCD)
....83 by instalment but they also defaulted to pay. 3. During the pendency of the suit the defendant filed an application for rejection of the plaint stating that the plaintiff opposite party filed a criminal case before the magistrate being 410C/82 which was subsequently transferred to the Sessions...... with approval. We find no substance in this application which is thus, rejected summarily. The stay granted earlier is here by vacated. Ed. This Case is also Reported in: 43 DLR (1991) 593. ......he application under Order 7 rule 11 of the Code of Civil Procedure. 2. Facts in short are that plaintiffs instituted Money Suit No. 1 of 1990 before the Court of Subordinate Judge, Thakurgaon for realisation of Tk. 8,03,558.00. The case of the plaintiff was that the plaintiff supplied paddy to t..Category: Civil Law | Date: | Hits: 87
Khelu Mia and others Vs. State, 1990, 19 CLC (HCD)
....punishment but to do so we have to consider and scrutinise more closely and carefully the evidence on record so that an innocent person is not wrongly found guilty and punished. The administration of criminal justice is based upon certain well‑settled principles, one of which is that the prosecuti......are acquitted of the charges levelled against them. Let the appellants be set at liberty at once, if not wanted in any other connection. Ed. This Case is also Reported in: 43 DLR (1991) 573. ......ry charged torch light in hand and saw by its focus 5 persons passing away by the eastern side of his hut with chewar, dao, knife in hands of whom he could recognise only accused Abdul Hye, and after reaching the hut of his son he found him dead in a throat‑cut condition. Then wife of the victim N..Category: Criminal Law | Date: | Hits: 82
Amir Ali & others Vs. State, 1990, 19 CLC (HCD)
....iting, harbouring, keeping or concealing, or in any manner dealing with smuggled goods or any goods with respect to which there may be reasonable suspicion that they are smuggled goods. Although in a criminal case the onus is always on the prosecution to prove that the offence was committed by the a......sult, the appeal is allowed and the order of appellants shall be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 43 DLR (1991) 564. ...... For the State. Criminal Appeal No. 130 of 1989. Judgment AM Mahmudur Rahman J. - Appellant Md. Amir Ali and Md. Ismail have been convicted under section 156(8)(89) of the Customs Act, 1969 read with section 25B of the Special Powers Act, 1974 and sentenced to suffer RI for 4 years each an..Category: Fiscal/Taxation Law | Date: | Hits: 101
Bangladesh Vs. Dewan Obaidur Reza Chowdhury and Others, 1990, 19 CLC (HCD)
....hedule were patit 25/26 years back and out of the said lands he took pattan of 11 kedars described in the second schedule of the plaint and started to reclaim the same; that one Narendra instituted a criminal case against him on false allegations of cutting away paddy but subsequently the complainan......are upheld. In the facts and circumstances of the case, there will be no order as to costs. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 43 DLR (1991) 551. ......ssioner was appointed to ascertain whether there was any encroachment on the gopat; that the plaintiff admitted the gopat and remained in possession of the land lying to the west of the same; that thereafter he reclaimed the entire disputed land and possessed it from the time of reclamation and that..Category: Property Law | Date: | Hits: 101
State Vs. Satya Narayan Sarada, 1991, 20 CLC (HCD)
....ocedure. The Rule is therefore discharged. The order of stay granted by this Court and the time of issuance of the Rule is hereby vacated. Ed. This Case is also Reported in: 43 DLR (1991) 529.......ocedure. The Rule is therefore discharged. The order of stay granted by this Court and the time of issuance of the Rule is hereby vacated. Ed. This Case is also Reported in: 43 DLR (1991) 529....... them as per seizure lists and the opposite party was given a few hours' time to show valid papers if any for the said goods Tk. 48,53,368.00 but the opposite party failed to produce any document. Thereafter the seized goods were deposited in the Dinajpur Customs House and Kotwali PS case No. 9 date..Category: Criminal Law | Date: | Hits: 72
Motaleb @ Mutu and others Vs. State, 1990, 19 CLC (HCD)
....ideration of materials on record. In the result, the Rule is discharged with the above observation and modification of the impugned order. Ed. This Case is also Reported in: 43 DLR (1991) 519.......ideration of materials on record. In the result, the Rule is discharged with the above observation and modification of the impugned order. Ed. This Case is also Reported in: 43 DLR (1991) 519.......er char. After the conclusion of the Darbar Shahabuddin, father of the informant along with other halted at the house of Boitullah Member and took their meal there. When Shahabuddin along with others reached to an open field on the northern side of village Majher char at about 9‑30 PM the accused ..Category: Criminal Law | Date: | Hits: 67
State Vs. Md. Ali Kibria @ Shahzijahan and others, 1990, 19 CLC (HCD)
....death. But other two accused namely, Yusuf and Meherunnessa were found not guilty and acquitted of the charge and set at liberty. 2. Condemned prisoner Shahjahan has preferred regular appeal being criminal appeal No. 11 of 1987 as well as Jail Appeal being Jail Appeal No. 526 of 1986. The case is......side. The condemned prisoner Mohammad Ali Kibria alias Shahjahan is set at liberty forthwith if not wanted in connection With any other case. Ed. This Case is also Reported in: 43 DLR (1991) 512.......er section 374 Cr.P.C. for confirmation of death sentence awarded to the condemned prisoner. Charge was framed against the condemned prisoner and other accused u/s 302/34 of the Penal Code and it was read over to them who pleaded not guilty and claimed to be tried. Prosecution examined as many as 19..Category: Criminal Law | Date: | Hits: 93
Farzana Huq Vs. Bangladesh, 1990, 19 CLC (HCD)
.... order dated 7.2.1990 declared the detention of the detenu to be without lawful authority and directed his immediate release from the custody. In the meantime the detenu was shown arrested in several criminal cases in one of which he was granted bail by this Court on 8.1.90 while the rest of the cas......t Narsingdi now detained in Dhaka Central Jail be set at liberty forthwith and to report compliance of the order to this Court within a week. Ed. This Case is also Reported in: 43 DLR (1991) 501.......l authority released the detenu at 2‑00 PM on the same day, but as soon as he crossed the main gate of the Jail about 100 armed police arrested him and kept him confined in a police van which was already kept thereat unfit 3‑15 PM when he was served with a fresh order being Memo No. 1524 স্..Category: Constitutional Law | Date: | Hits: 287
Mir Amir Ali Vs. State, 1991, 20 CLC (HCD)
....and Upazila Education Officer being their officer recommended it and the teachers started repaying the loan amount from before the lodging of the FIR by installments from their salary and for this no criminal intention could be traced out against the accused persons. 5. It is also stated that the......uashed. It is hereby directed that the accused petitioner be discharged from his bail bond. The Rule is accordingly made absolute. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 250. ......ganj Police Station under section 409 of the Penal Code by the Upazila Nirbahi Officer, Gobindaganj Upazila through Deputy Commissioner, Gaibandha which was sent to the District Anti Corruption Bureau for investigation by the Gobindaganj police. The facts of the case as narrated in the FIR in sh..Category: Criminal Law | Date: | Hits: 104
A M A Wajedul Islam Vs. State, 1993, 22 CLC (HCD)
....ght to our notice provisions of section 9 of the Criminal Law Amendment Act, 1958 (Act XL of 1958) and submitted that Court may award any period of sentence of imprisonment provided by law in case of criminal breach of trust by a public servant like the appellant but the sentence of fine is not only......ion No.329 (R) 1993 is accordingly disposed of and the connected Rule being Criminal Revision No.3521(R)/1991 for bail is discharged. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 243. ......ment dated 7.8.91 passed by the Additional Sessions Judge‑in‑charge (Ex‑officio special Judge), Rangpur in Special Case No.1 of 1987 convicting the appellant under section 409 of the Penal Code read with section 5(2) of Prevention of Corruption Act (II of 1947) and sentencing him to suffer imp..Category: Criminal Law | Date: | Hits: 91
Virginia Tobacco Co. Ltd. and others Vs. Chairman, Labour Court and others, 1991, 20 CLC (HCD)
....t the order No.8 dated 21.11.1985 has been made without any lawful authority. In the result, we make this Rule absolute. No costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 233. ......t the order No.8 dated 21.11.1985 has been made without any lawful authority. In the result, we make this Rule absolute. No costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 233. ......f Respondent No.1, the Chairman, Labour Court, Rajshahi for declaration that the lay‑off notice of the petitioner 1 dated 10.1.85 was illegal and for an order upon the petitioner to pay wages and arrears to them since October, 1984 on the allegations, inter alia, that the petitioner 1 is a cigaret..Category: Labour and Industrial Law | Date: | Hits: 129
Mustafizur Rahman Vs. State and others, 1992, 21 CLC (HCD)
.... No.14 dated 4.7.89 deliberately opened both current and fixed deposits like a commercial bank in the said non‑banking Institution BCI Limited and allowed withdrawal by cheques and slips which is a criminal offence punishable with a maximum imprisonment for 7 years. The accused petitioner and hi......the petition for bail of the petitioner and we find no reason to grant the prayer for bail. In the result, the Rule is discharged. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 227. ......s Rule was issued calling upon the Deputy Commissioner, Dhaka and opposite party No.1 Mr. Harunar Rashid Chowdhury, Joint Director, Banizing Control Department, Bangladesh Bank, Motijheel Commercial Area, Dhaka to show cause why petitioner Mustafizur Rahman, Chairman and Managing Director of Banglad..Category: Criminal Law | Date: | Hits: 125
Shahabuddin Vs. Abdul Gani Bhuiyan, 1989, 18 CLC (HCD)
....tion 516A Cr.P.C. reads: "When any property regarding which any offence appears to have been committed, or which appears to have been used for the commission of any offence, is produced before any criminal Court during any inquiry or trial, the Court may make such order as it thinks fit for the p......elates to sale of the salt and molasses and that of the learned Magistrate is restored. In the result, this Rule is made absolute. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 217. ......ila Magistrate with a prayer for keeping the godown under lock and key in order to maintain peace. The report was accepted by the learned Upazila Magistrate and he passed the order to that effect. Thereafter, the complainant applied to the Magistrate for custody and possession of the godown. Upon su..Category: Criminal Law | Date: | Hits: 64
Siddique (Md) Vs. State, 1992, 31 CLC (HCD)
.... (6) of section 27 of the Special Powers Act and the accused petitioner neither absconded nor concealed himself to avoid arrest but he could not appear to face trial as he was quite in dark about the criminal proceeding against him. The accused petitioner also got no opportunity to know about the ca......e Special Tribunal, the prayer for registering the appeal for hearing on merit is rejected. In the result, the rule is discharged. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 214. ......him within the prescribed period of 30 days. The accused petitioner came to know about the case and the judgment and order of conviction passed against him only on 29.4.91 when he was arrested and thereafter produced before the Special Tribunal on 30.4.91 and sent to custody on the same date. After ..Category: Criminal Law | Date: | Hits: 68
State Vs. Md. Shah Nowroj and others, 2011, 40 CLC (HCD)
.... sixteen witnesses. After conclusion of trial, the learned Judge pronounced the judgment and order of acquittal on 30.9.2003 as aforesaid. The State represented by the Solicitor preferred the instant criminal appeal against the said judgment an order of acquittal. 5. Mr. Md. Monwar Hossain, learn...... passed by the Divisional Special Judge, Khulna in Special Case No. 18 of 2003 is affirmed. Send down the lower Court records. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ...... by the Divisional Special Judge, Khulna in Special Case No.18 of 2003. 2. Facts relevant for disposal of the appeal, in brief, are that the informant Md. Zahid Hossain, an Inspector of the then Bureau of Anti-Corruption lodged an ejahar with Batiaghata Police Station, Khulna on 30.6.2002 allegin..Category: Criminal Law | Date: | Hits: 97
State Vs. Sheikh Mujibur Rahman and others, 2011, 40 CLC (HCD)
....een witnesses. After conclusion of trial, the learned Judge passed the impugned judgment and order of acquittal on 30.9.2003 as aforesaid. The State represented by the Solicitor preferred the instant criminal appeal against the said judgment an order of acquittal. 5. Mr. Md. Monwar Hossain, learn......3 passed by the Divisional Special Judge, Khulna in Special Case No. 16 of 2003 is affirmed. Send down the lower Court records. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ...... by the Divisional Special Judge, Khulna in Special Case No.16 of 2003. 2. Facts relevant for disposal of the appeal, in brief, are that the informant Md. Zahid Hossain, an Inspector of the then Bureau of Anti-Corruption lodged an ejahar with Batiaghata Police Station, Khulna on 30.6.2002 allegin..Category: Criminal Law | Date: | Hits: 101
State Vs. Sk. Arif Newaz and others, 2011, 40 CLC (HCD)
....r conclusion of trial, the Divisional Special Judge, Khulna passed the impugned judgment and order of acquittal on 30.9.2003 as aforesaid. The State represented by the Solicitor preferred the instant criminal appeal against the said judgment an order of acquittal. 5. Mr. Md. Monwar Hossain, learn......ivisional Special Judge, Khulna in Special Tribunal Case No. 13 of 2003 is affirmed. Send down the lower Court records. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ...... by the Divisional Special Judge, Khulna in Special Case No.13 of 2003. 2. Facts relevant for disposal of the appeal, in brief, are that the informant Md. Zahid Hossain, an Inspector of the then Bureau of Anti-Corruption lodged an ejahar with Batiaghata Police Station, Khulna on 30.6.2002 allegin..Category: Criminal Law | Date: | Hits: 86