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State Vs. Md. Saiful Huq @ A. Saiful and 6 others, 2012, 41 CLC (HCD)
....Send down the Lower Court Records with a copy of this judgment and order at once for information and necessary action. Md. Emdadul Haque Azad J. - I agree. Ed. This Case is also Reported in: ......of this judgment and order at once for information and necessary action. Md. Emdadul Haque Azad J. - I agree. Ed. This Case is also Reported in: ......e charge leveled against the accused persons, examined as many as 18 witnesses and the defence examined none. 4. Besides the aforesaid 18 witnesses being examined, the prosecution has also adduced evidence which are marked as exhibits and material exhibits. The State Defence Lawyer was provided f..Category: Criminal Law | Date: | Hits: 93
Pranajit Barua Vs. State and another, 1998, 27 CLC (HCD)
....in Chittagong District Jail is declared illegal. Let him be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 399. ......l. Let him be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 399. ......er and kidnappers. It has also been stated that he was a dangerous and terrible person and for fear of members of his gang nobody dared to raise objection against his terrorist activities and to give evidence in Court against him. In support of the allegations noticed above there is no report by any..Category: Criminal Law | Date: | Hits: 72
Md. Zahir Abdullah Khan @ Zahir Abdullah Khan & others Vs. Abdul Latif & others, 1983, 12 CLC (AD)
....d. Judgment and decree of both the Courts below are set aside and the plaintiffs' suit is dismissed. There will be, however, no costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 354. ......ever, no costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 354. ......d also defendants 8 and 9, namely, Officer of the District Council and the District Council. 4. Defendant No.4 appealed before the High Court Division. The High Court Division on consideration of evidence affirmed the decree and allowed the appeal in part modifying to the extent that the plain..Category: Property Law | Date: | Hits: 99
Nasiruddin Ahmed Pintu (Md.) Vs. State, 2010, 39 CLC (HCD)
....se No.15 of 2007 pending in the 1st Court of the Special Judge, Dhaka, is hereby recalled. The case will proceed in accordance with law. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 214.......he Special Judge, Dhaka, is hereby recalled. The case will proceed in accordance with law. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 214.......is proceeding under section 561A of the Code of Criminal Procedure there is no scope of determination whether such allegations are false or otherwise, which can only be done in the trial after taking evidence. He further submits that a member of the Parliament of our country is a public servant, as ..Category: Criminal Law | Date: | Hits: 230
Dr. Kamal Hossain and others Vs. State, 2010, 39 CLC (HCD)
....gment be sent to the Ministry of Home Affairs and the Inspector General of Police. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 204; 16 MLR (HCD) (2011) 343; 30 BLD (HCD) (2010) 400. ......and the Inspector General of Police. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 204; 16 MLR (HCD) (2011) 343; 30 BLD (HCD) (2010) 400. ......ree first information reports and charge sheet of the instant proceedings are manifestly and clearly inconsistent with the accusations could be seen without embarking upon any inquiry as to the evidence in the case and, as such, the charge sheet is also manifestly and clearly inconsistent with..Category: Criminal Law | Date: | Hits: 132
..... The respondents directed to exclude the property from ‘Kha’ list within 60 (sixty) days from the date of receipt of this order.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 372.
......m ‘Kha’ list within 60 (sixty) days from the date of receipt of this order.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 372.
......ing is included in the list is proof of its being an abandoned property section 5(2) and the Government has nothing to prove or deny. It is for the aggrieved person to establish his claim by whatever evidence he chooses to produce. The denial of a fair trial will only arise if a proper opportunity i..
Category: Property Law | Date: | Hits: 150
Syed Matiur Rahman Motiur Rahman @ Motiur Rahman Vs. State, 1983, 12 CLC (AD)
....Division have rightly affirmed the said decision. We find no reason to interfere with the impugned decision. The appeal is dismissed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 329.......ion. We find no reason to interfere with the impugned decision. The appeal is dismissed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 329.......fusing to give consent to the withdrawal of the case against appellant observed that "the Govt. want to withdraw the case at the petitioners are alleged freedom fighters" but "there is no material or evidence on the record to show that the accused petitioners are freedom fighters". Learned Counsel f..Category: Criminal Law | Date: | Hits: 82
Biswaswar Das Karmakar & others Vs. Sasanka Moban Das Karmakar & others, 1982, 11 CLC (AD)
.... before us, the contentions of the learned Counsel for the appellant do not seem to be convincing. The appeal is dismissed with costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 315. ......others………………………Respondents Judgment December 12, 1982. Result: The appeal is dismissed. Cases Referred to- Munnalal Vs. Mst. Kashibai, AIR 1947 PC 15; Harmes Vs. Hinkson, (1945) 50 CWN 895; G. Thataiah Vs. Venkata Subbaiah, AIR 1968 SC 1332; Purnima Debi Vs. Khag......D.W.2 Damudhar Das and D.W.3. Nakul Chandra Das while supporting the case of the objector stated that the will was not a genuine one. 5. The learned Additional District Judge after considering the evidence of the witnesses and materials on record found that the will was not a genuine document as ..Category: Property Law | Date: | Hits: 80
Agrani Bank Vs. Sultana Jute Mills Limited and others, 1993, 22 CLC (HCD)
....der suffers from legal infirmity and hence not sustainable. In the result, the Rule is made absolute without any order as to costs, Ed. This case is also Reported in: 47 DLR (HCD) (1995) 37. ......ute without any order as to costs, Ed. This case is also Reported in: 47 DLR (HCD) (1995) 37. ......ed judgment and order dated 19.2.92 passed by the Subordinate Judge and First Artha Rin Adalat, Chittagong in Mortgage Suit No. 21 of 1990 entertaining the counter‑claim of respondent Nos. 1‑5 as evidenced by Annexure-C to the petition moved in Court should not be declared to have been made with..Category: Civil Law | Date: | Hits: 116
Eastern Beverage Industries Ltd. and Others Vs. Bangladesh and others, 1994, 23 CLC (HCD)
....ay frame proper guidelines for giving effect to the intention of the legislature in matters of fixing the capacity and the rate thereof. Ed. This case is also Reported in: 47 DLR (HCD) (1995) 32.......tention of the legislature in matters of fixing the capacity and the rate thereof. Ed. This case is also Reported in: 47 DLR (HCD) (1995) 32.......r preceding years. All these conditions were not at all considered in framing the Committee individually as such it cannot be said that the petitioners were heard before making the guidelines as will evidence from the annexures. Section 3(4) of the Act provides that by taking prior approval of the G..Category: Fiscal/Taxation Law | Date: | Hits: 199
National Fans Ltd. Vs. Md. Firoz and another, 1995, 24 CLC (HCD)
....ontroller of Patents & Designs, is directed to remove the said design from the record and register of design. No order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 437.......ter of design. No order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 437.......lam's contention is that the respondents design is new and original and not an imitation of the petitioner's design. The design has been registered under section 46 of the Act and as such prima facie evidence of its new and original character. The Controller while registering it acted in a bona fide..Category: Intellectual Property Law | Date: | Hits: 192
Gajendra Nath Mondal and others Vs. Motia Begum and others, 1997, 26 CLC (HCD)
....ee dated 18-9-85 passed by the same Court in SCC Suit No.1 of 1985. The Rule is accordingly discharged without any order as to cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 429.......s Judgment June 29, 1997. Result: The Rule is discharged. Case Referred to- ILR 5 Cal 699. Lawyers Involved: Md. Fazlul Karim, Advocate - For the Petitioner. Bakhtear Hossain, Advocate - For the Opposite Parties. Civil Revision No. 4118 of 1991. Judgment Syed Ami......l the property was released from the list of vested property. But a review application is pending against that order. 4. After the closing of the pleadings issues were framed and parties led their evidence. The learned SCC Judge by a judgment and decree dated 18-9-85 dismissed the suit. Against t..Category: Procedural Law | Date: | Hits: 82
Moazzem Hossain Vs. State, 1983, 12 CLC (AD)
....fructuous order. Syed Md. Hossain Ali, J.- I fully agree with my learned brother Shahabuddin Ahmed, J. I find hardly anything to add. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 290....... I fully agree with my learned brother Shahabuddin Ahmed, J. I find hardly anything to add. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 290.......sion. The appellant denied that he had told Khalilur Rahman or any body that he was ill on 19.3.83. The submission of the appellant's lawyer is based on a hearsay statement which is not admissible in evidence. As to Mr. S. Huq's alleged information, this cannot be used against the appellant as it wa..Category: Criminal Law | Date: | Hits: 116
Md. Altafur Rahman Vs. Tamijur Rahman, 1977, 6 CLC (AD)
....is appeal. It is dismissed with in this appeal. It is dismissed with cost, to be paid by the appellant, to the appearing respondent. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 236. ......t, to be paid by the appellant, to the appearing respondent. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 236. ......hat she executed the document understanding its contents and the significance of the transaction, was upon the recipient of the document, the appellant. The learned Munsif was right in discarding the evidence of D.W.7 Akmal Ahmed, whose demeanour was recorded by him, as suspicious, as he evaded the ..Category: Property Law | Date: | Hits: 73
Nakuleswar Sana Vs. State, 1983, 12 CLC (AD)
....ed, JJ; I concur with the decision of Shahabuddin Ahmed, J. ORDER OF THE COURT By the majority judgment, the appeal is dismissed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 284.......ddin Ahmed, J. ORDER OF THE COURT By the majority judgment, the appeal is dismissed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 284.......ncipal amount plus something extra which is interest. The Regional Manager took exception because the Bank Manager had violated some rules and regulations. That may or may not be. It is a question of evidence. But what would be the charge against the petitioner? At the highest that has been said is ..Category: Criminal Law | Date: | Hits: 95
Oli Ahmed Vs. State, 2012, 41 CLC (HCD)
....ed is set aside. The appellant is acquitted of the charge leveled against him. Send down the records of lower Court. Mohammad Marzi-ul-Huq J. - I agree. Ed. This Case is also Reported in: ...... the charge leveled against him. Send down the records of lower Court. Mohammad Marzi-ul-Huq J. - I agree. Ed. This Case is also Reported in: ......er Nazley Begum, a panel lawyer appointed by the Ministry of Law and Parliamentary Affairs to provide legal aid to the appellants in jail appeals, submits that in the present case there is no iota of evidence against the appellant. None of the witnesses raised any allegations against him even mentio..Category: Criminal Law | Date: | Hits: 95
Mohibul Alam Vs. State, 2012, 41 CLC (HCD)
....ions Judge, Court No. 3, Kushtia in Session Case No.86 of 2007 is maintained. Send down the lower Court’s records. Mohammad Marzi-ul-Huq J. - I agree. Ed. This Case is also Reported in: ......se No.86 of 2007 is maintained. Send down the lower Court’s records. Mohammad Marzi-ul-Huq J. - I agree. Ed. This Case is also Reported in: ......al exhibit and identified the appellant on dock. 6. P.Ws. 2 and 5 Md. Zakir Hossain and Md. Saiful Islam respectively two members of the raiding party fully supported the prosecution case in their evidence and corroborated that of the informant (P.W.1). 7. P.W.3 Md. Abdul Mannan, a seizure lis..Category: Criminal Law | Date: | Hits: 81
Md. Tarique Aziz Vs. State, 2012, 41 CLC (AD)
.... against him and be set at liberty forthwith, if not wanted in any other case. Send down the lower Court's record. Mohammad Marzi-ul-Huq J. - I agree. Ed. This Case is also Reported in: ...... not wanted in any other case. Send down the lower Court's record. Mohammad Marzi-ul-Huq J. - I agree. Ed. This Case is also Reported in: ......ecution and the defense declined to cross-examine them. Among the witnesses examined, P.Ws. 1, 3, 5-7 and 16 did not raise any allegation against the appellant, even did not mention his name in their evidence. P.Ws. 2, 4, 8, 9, 10 and 11 though mentioned his name, did not raise any allegation. 6...Category: Criminal Law | Date: | Hits: 119
Manzur Ahmed Vs. Rajdhani Unnayan Kartipakkha (RAJUK) & others, 2010, 39 CLC (HCD)
.... Court Division in First Appeal No.585 of 2001 within 30 days from receipt of the copy of this judgment. Communicate this order. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 198. ......30 days from receipt of the copy of this judgment. Communicate this order. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 198. ......985 has made provisions supplemental to the provisions of PO No.16 of 1972. Consequently, when Sub-section (2) of section 5 provided that the list published under Subsection (1) shall be conclusive evidence of certain facts - these facts are some incidents which occurred or took place on 28-2-1972..Category: Property Law | Date: | Hits: 127
SM Kamaluddin Vs. Commissioner of Taxes, 2007, 36 CLC (HCD)
.... questions in the negative and against the revenue department and in favour of the assessee. The parties shall bear their own cost. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 191. ......tment and in favour of the assessee. The parties shall bear their own cost. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 191. ......t all applicable on the facts and in the circumstances of the case. 4. Mr. MA Noor, learned senior Advocate appearing for the applicants submitted that in the absence of finding any fault in the evidence adduced by the applicant in support of cost of the house and without asking for any further..Category: Fiscal/Taxation Law | Date: | Hits: 151
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