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Saifuzzaman (Md.) Vs. State and others, 2003, 32 CLC (HCD)

....4730 of 2001 arising out of Tejgaon PS Case No. 98 dated 28‑12‑2001 are hereby set aside. The detenus are released of their bail bonds. Ed. This Case is also Reported in: 56 DLR (2004) 324. ...... 117 quoted with approval from the earlier decision. "Investigation usually starts on the information relating to the commission of an offence given to an officer-in-charge of a police station and recorded under section 154 of the Code. If from information so received or otherwise, the officer-in...... 98 dated 28‑12‑2001 are hereby set aside. The detenus are released of their bail bonds. Ed. This Case is also Reported in: 56 DLR (2004) 324. ......4730 of 2001 arising out of Tejgaon PS Case No. 98 dated 28‑12‑2001 are hereby set aside. The detenus are released of their bail bonds. Ed. This Case is also Reported in: 56 DLR (2004) 324. ..

Category: Criminal Law | Date: | Hits: 70

Harun‑or‑Rashid Vs. State, 2003, 32 CLC (HCD)

....f the prayer for bail of accused-appellant Harun be accordingly upheld. Copy be sent at once for information and guidance. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 318. ......nths from date of receipt of the order failing which accused appellant "may find bail to its satisfaction". It has been stated that said order of the Court of the High Court Division was received and recorded by court below in the order sheet on 6‑3‑2003. But within four months' time as directed......cordingly upheld. Copy be sent at once for information and guidance. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 318. ......f the prayer for bail of accused-appellant Harun be accordingly upheld. Copy be sent at once for information and guidance. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 318. ..

Category: Criminal Law | Date: | Hits: 72

State Vs. Ershad Ali Sikder and others, 2003, 32 CLC (HCD)

....2000 so far Ayub Munshi alias Ayub Ali Khan is concerned is set aside. Lower court's record be sent down as immediate as possible. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 305. ......f Khodeja Begurn, wife of Ershad Ali Sikder, PW24 Dr. Sayed Mahabub Hafiz, Assistant Professor, Forensic Medicine, Khulna Medical College Hospital who examined eighty‑seven (87) pieces of bones and recorded opinion that out of twenty‑six (26) bones there was one human bone, PW35 Md Sabir Ahmed, ...... concerned is set aside. Lower court's record be sent down as immediate as possible. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 305. ......2000 so far Ayub Munshi alias Ayub Ali Khan is concerned is set aside. Lower court's record be sent down as immediate as possible. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 305. ..

Category: Criminal Law | Date: | Hits: 69

Shibu Pada Acharjee Vs. State, 2003, 32 CLC (HCD)

....neral of Police, Police Head Quarter, Dhaka IV. Superintendent of Police, Comilla. Lower Court's Record be sent down immediately. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 285.......a took her to his house. Accused‑appellant Shibu Pada co­habited with her and as a result she conceived. Arbitration had been held. Accused Shibu Pada was fixed as the culprit. A decision had been recorded. Accused Dr Anukul Chandra Achariya did not agree to the decision. Rama Rani Achariya and h...... IV. Superintendent of Police, Comilla. Lower Court's Record be sent down immediately. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 285.......neral of Police, Police Head Quarter, Dhaka IV. Superintendent of Police, Comilla. Lower Court's Record be sent down immediately. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 285...

Category: Criminal Law | Date: | Hits: 64

Abu Talukder Vs. State, 1999, 28 CLC (HCD)

....u Talukder be set at liberty forthwith, if not wanted in connection with any other case. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 188.......He further stated that the eye-witness narrated the occurrence to him with the names of the assailants. 22. PW 14 Shaukat Ali simply submitted charge sheet in the case on the basis of the evidence recorded by his predecessor. 23. PW 15 Khurshid Ali is the investigation officer of the case. He ...... wanted in connection with any other case. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 188.......u Talukder be set at liberty forthwith, if not wanted in connection with any other case. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 188...

Category: Criminal Law | Date: | Hits: 52

Abarak Ali Vs. Shefaul Karim, Assistant Commissioner, (Land) Jagannathpur, District Sunamganj, 1998, 27 CLC (HCD)

....without any lawful authority and is of no legal effect. In the facts and circumstances of the case, there will be no order as to costs. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 183.......d the records of Miscellaneous Case No. 32 of 1993-94 of the Office of the respondent No.2 was called for by order dated 16-10- 1993 but in spite of the said order the respondent No. 2 most illegally recorded an order on 18-10-1993 in Miscellaneous Case No, 32 of 1993-94 modifying his previous order....... In the facts and circumstances of the case, there will be no order as to costs. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 183....... Deputy Commissioner under Ordinance No. 24 of 1970. 8. It appears from Annexure ‘D’ that the respondent No. 2 initiated the proceeding for eviction of the petitioner from plot No. 370 of khas khatian No. 1 on the prayer made by one Alkas Mia alleging that the petitioner was unauthorisedly co..

Category: Property Law | Date: | Hits: 172

Chitta Ranjan Das @ Chitta Ranjan Sinha Vs. Shashi Mohan Das and another, 2004, 33 CLC (HCD)

....s is an old pending case, the learned Senior Special Judge, Sunamganj is directed to make disposal of the case expeditiously. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 276. ......s is an old pending case, the learned Senior Special Judge, Sunamganj is directed to make disposal of the case expeditiously. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 276. ......udge, Sunamganj is directed to make disposal of the case expeditiously. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 276. ......s is an old pending case, the learned Senior Special Judge, Sunamganj is directed to make disposal of the case expeditiously. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 276. ..

Category: Criminal Law | Date: | Hits: 42

Tofail Ahmed alias Joseph Vs. State, 2004, 33 CLC (HCD)

....esult the Rule is discharged. The order of stay is hereby vacated. Communicate the order to the concerned tribunal immediately. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 250. ......after examination of 13 prosecution witnesses. 13. From the petition filed under section 540 of the Code of Criminal Procedure (Annexure 1) it appears that Metropolitan Magistrate Jahanara Parveen recorded the statement of witness Md Mahbubul Haq on 31‑1‑96 and Dr. Rehana Khan identified vict......tay is hereby vacated. Communicate the order to the concerned tribunal immediately. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 250. ......esult the Rule is discharged. The order of stay is hereby vacated. Communicate the order to the concerned tribunal immediately. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 250. ..

Category: Criminal Law | Date: | Hits: 60

Matiur Rahman (Md) Vs. Nuru Sikdar and others, 2003, 32 CLC (HCD)

....h the case from the stage before discharging of the accused­-opposite parties. Communicate the order to the courts below at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 246. ......site parties beyond any legal norm. By his impugned order he took into consideration the deeds of transfer submitted by the accused-opposite parties in support of their title to the disputed land. He recorded a finding of title and possession respecting the disputed land in favour of the accused-opp......f the accused­-opposite parties. Communicate the order to the courts below at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 246. ......h the case from the stage before discharging of the accused­-opposite parties. Communicate the order to the courts below at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 246. ..

Category: Administrative Law | Date: | Hits: 223

Kazi Ali Zahir alias Elin and others Vs. State, 2004, 33 CLC (HCD)

.... recalled. The learned Tribunal Judge is directed to proceed with the case in the light of the observations made above and according to law. This Case is also Reported in: 56 DLR (HCD) (2004) 244. ......ication, in question, for recalling the prosecution witnesses under section 540 of the Code of Criminal Procedure is allowed. With a view to eliciting contradiction from the statements of PWs 5 and 6 recorded under section 161 of the Code of Criminal Procedure as disclosed in the aforesaid applicati......ted to proceed with the case in the light of the observations made above and according to law. This Case is also Reported in: 56 DLR (HCD) (2004) 244. ...... recalled. The learned Tribunal Judge is directed to proceed with the case in the light of the observations made above and according to law. This Case is also Reported in: 56 DLR (HCD) (2004) 244. ..

Category: Criminal Law | Date: | Hits: 48

State Vs. Shah Alam, 2003, 32 CLC (HCD)

....ted about the murder of one Topi and since the prosecution has failed to adduce any evidence in order to establish that Topi was none else but deceased Jannati Khatoon, the confessional statement was wrongly and illegally relied upon by the trial Court in holding the condemned prisoner guilty under ......e also conducted the inquest on the dead body of Jannati and thereafter sent the dead body to the morgue for post mortem examination. This witness, PW9 Amjad Hossain, also investigated into the case, recorded the statements of witnesses and submitted the charge­-sheet on 31‑12‑1998 against the ......ed prisoner from the condemned cell to some other cell meant for the convict prisoners. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 232. ...... is accordingly, directed to shift the condemned prisoner from the condemned cell to some other cell meant for the convict prisoners. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 232. ..

Category: Criminal Law | Date: | Hits: 54

Chand Mia and others Vs. MA Rajput Ghosh Bahadur & others, 2002, 31 CLC (HCD)

....sor of the plaintiffs by oral lease in the month of Baishak, 1360 BS. There was a subsequent registered dakhila dated 27‑4‑54. It is further stated that the RS and SA record of rights having been wrongly prepared in the name of defendant No.1, who claimed false title to the suit land on 20th Kar......claration of Title of the suit land. The plaintiff contended, inter alia, that the suit land measuring 0.01 acre appertaining to CS Khatian No. 261 and CS Plot No. 19 corresponding to RS Plot No. 313 recorded in RS Khatian No. 243 and SA Khatian No. 447 of Mouza Kourikhara, PS Nesarabad, District Pi......l application under section 115(1) of the Code of Civil Procedure, the petitioner challenges the judgment and order No. 19 dated 1‑6‑1994 passed by the Senior Assistant Judge, Nesarabad, Pirojpur in Title Suit No. 2 of 1959 in the Court of Assistant Judge, Nesarabad, District Pirojpur rejecting ...... to the plaint and corresponding correction to the decree in Title Suit No. 2 of 1959 as prayed for. There is no order as to cost. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 221. ..

Category: Property Law | Date: | Hits: 61

Shamsul Alam and another Vs. State, 2002, 31 CLC (HCD)

....sed and the conviction and sentence passed on 23‑7‑1998 are hereby confirmed. Records of the trial Court be sent down at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 218. ......e as per the oral Submission of the informant Idris Ali. He filled up the first information report form, visited the place of occurrence, prepared sketch map with index thereof, seized the alamat and recorded the statements o witnesses under section 161 of the Code of Criminal Procedure. First infor......23‑7‑1998 are hereby confirmed. Records of the trial Court be sent down at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 218. ......sed and the conviction and sentence passed on 23‑7‑1998 are hereby confirmed. Records of the trial Court be sent down at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 218. ..

Category: Criminal Law | Date: | Hits: 54

Abdur Rahman Kha (Md) Vs. State, 2002, 31 CLC (HCD)

....er be heard afresh by the learned Judge and orders be passed in accordance with law. The stay order passed earlier stands vacated. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 213. ...... been specifically mentioned as 10‑7‑1998 but from the charge framed by the trial Court (Annexure‑D) it appears that in the charge framed against 3 other accused the date of occurrence has been recorded as 8‑7‑1998 and therefore according to him, the aforesaid charge on the face of it appe......ders be passed in accordance with law. The stay order passed earlier stands vacated. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 213. ......er be heard afresh by the learned Judge and orders be passed in accordance with law. The stay order passed earlier stands vacated. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 213. ..

Category: Criminal Law | Date: | Hits: 82

GM Morshed Vs. City Bank Ltd. and others, 2004, 33 CLC (HCD)

....r granted by this Court on 11‑11‑2001 is hereby recalled. Communicate the order to the learned Metropolitan Magistrate, Dhaka. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 205. ......itted the accused on any of those days but instead of doing so he adjourned the case upto 4‑11‑2001which was quite in keeping with the provision of section 247Cr.P.C. Moreover, on 25‑9‑2001he recorded the evidence of the complainant. It is necessary for the Magistrate before dismissing the c......ereby recalled. Communicate the order to the learned Metropolitan Magistrate, Dhaka. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 205. ......r granted by this Court on 11‑11‑2001 is hereby recalled. Communicate the order to the learned Metropolitan Magistrate, Dhaka. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 205. ..

Category: Banking Law | Date: | Hits: 237

State Vs. Ershad Ali Sikder and others, 2004, 33 CLC (AD)

....ey are not admissible under section 35 of the Evidence Act, The learned Deputy Attorney ­General in course of his submission frankly concedes that the seizure lists and the medical reports have been wrongly admitted into evidence in this case. In the case of Mohammad Akib Pali Vs. Madad Ali and oth......es of the newspapers in which the stories of killing of Akimul have been published. Prosecution has not exhibited any newspaper in that regard. The learned Additional Sessions Judge unnecessarily has recorded inadmissible evidence of these witnesses. 13. Salahuddin Ahmed (PW12), Mahbubur Rahman (......wanted in connection with any other case. Send down the lower court records at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 185. ......dris Jamai be set at liberty forthwith if not wanted in connection with any other case. Send down the lower court records at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 185. ..

Category: Criminal Law | Date: | Hits: 110

Babul Sikder and others Vs. State represented by the DC, 2003, 32 CLC (HCD)

....kerganj) in respect of accused‑appellant Babul Sikder is maintained. Lower Court's Record be sent down as immediate as possible. Ed. This Case is also Reported in: 56 DLR (HCD) (2004)174. ......ed in part. B. Criminal Appeal No. 3040 of 2001 in respect evidence. of accused‑appellants Selim Sikder and Abdus Salam Kha is allowed and Judgment of conviction and sentence dated 31‑7‑2001 recorded by learned Additional Sessions Judge, Second Court, Barisal in Sessions Case No. 46 of 1995......ul Sikder is maintained. Lower Court's Record be sent down as immediate as possible. Ed. This Case is also Reported in: 56 DLR (HCD) (2004)174. ......kerganj) in respect of accused‑appellant Babul Sikder is maintained. Lower Court's Record be sent down as immediate as possible. Ed. This Case is also Reported in: 56 DLR (HCD) (2004)174. ..

Category: Criminal Law | Date: | Hits: 54

Patwary Rafiquddin Haider Vs. State and another, 2002, 31 CLC (HCD)

.... not entitled to Anticipatory Bail. Appellate Division found that accused respondent could not make out any exceptional and special circumstances for grant of anticipatory bail by High Court Division wrongly passed the order granting anticipatory bail to accused respondent. 51. In Pokar Ram Vs. S......de through judicial pronouncements but scope and law of Anticipatory bail have been set out. In State Vs. Abdul Wahab Shah Chowdhury and another 51 DLR (AD) 242=4 MLR (AD) 291 an observation has been recorded by Appellate Division in the terms that since there is a Law Commission in Bangladesh the m......rdingly. The Rule arising out of a petition for Anticipatory Bail, thus stands disposed of. Ed. This Case is also Reported in: 55 DLR (2003) 241.......udgment. The question posed is answered accordingly. The Rule arising out of a petition for Anticipatory Bail, thus stands disposed of. Ed. This Case is also Reported in: 55 DLR (2003) 241...

Category: Criminal Law | Date: | Hits: 79

Mazharul Haque Qureishi Vs. Giridhari Rishi and others, 1998, 27 CLC (HCD)

....he Opposite Parties. Civil Revision No. 3011 of 1995. Judgment Qazi Ebadul Hoque J. - This application appears to be out of time by 399 days. The explanation for delay is that the petitioner wrongly filed Miscellaneous Appeal No. 80 of 1994 before the District Judge, Dhaka against the impug......In the result, the Rule is discharged without any order as to costs. The order of stay earlier granted by this Court stands vacated. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 149....... Mazharul Haque Qureishi ……………….Petitioner Vs. Giridhari Rishi and others…………………Opposite Parties Judgment July 11, 1998. Cases Referred to- Sakhawat Hossain vs. Chowdhury Muhammad Sarwar and another, PLD (Dhaka) 1968 at page 557; Faziul Khan vs. Agrani B......In the result, the Rule is discharged without any order as to costs. The order of stay earlier granted by this Court stands vacated. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 149...

Category: Property Law | Date: | Hits: 57

Arab Bangladesh Bank Ltd. Vs. Md. Shahiduzzaman DD, Bureau of Anti Corruption, Dhaka and others, 1998, 27 CLC (HCD)

....sions Judge, Dhaka is declared to have been issued illegally and the same is without any lawful authority and to be of no legal effect. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 145.......fficer of a bank shall in any legal proceeding to which the bank is a party be compelled to produce any banker’s book or to appear as witness to prove the matters, transactions and accounts therein recorded without an order of the Court. Thus the bank enjoys special privileges not to disclose info......egally and the same is without any lawful authority and to be of no legal effect. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 145.......sions Judge, Dhaka is declared to have been issued illegally and the same is without any lawful authority and to be of no legal effect. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 145...

Category: Criminal Law | Date: | Hits: 41