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Saiful Islam alias Japannya Vs. State, 2010, 39 CLC (HCD)

....the prosecution case and as such the appellant is entitled to be acquitted on benefit of doubt. 8. As an alternative and second line of argument, Mr. Khan submits that even if the ejahar story and part of the evidence of P.Ws.4 and 6-9 are taken into consideration, the allegations do not constitu......hey took the victim to Ukhia Heath Complex, where the doctor declared him dead. 3. The ejahar gave rise to Ramu Police Station Case No.12 dated 27.4.1998 under section 302 of the Penal Code. After investigation, the police submitted charge sheet on 3.8.1998 against the sole appellant under the sa..

Category: Criminal Law | Date: | Hits: 102

Md. Seru Mia and another Vs. State, 2011, 40 CLC (HCD)

....in Session Case No.1 of 1994 is hereby set aside. The appellants are released from their bail bond. Send down the lower Court records. Borhanuddin J.- I agree. This Case is also Reported in: ......uced them to police station and lodged an ejahar on the above allegation, which gave raise to Gajaria Police Station Case No.13 dated 30.8.1993 under section 489B/489C of the Penal Code. In course of investigation, the police took them in remand for consecutive six days, but any statements whatsoeve..

Category: Criminal Law | Date: | Hits: 111

Abdul Mannan Khan Vs. Government of the Peo­ple's Republic of Bangla­desh & others, 1990, 19 CLC (HCD)

.... of his contention that the amend­ment has been brought within the permissible limit of Article 27 of the Constitution, the principles of law enunciated by the different Courts of this subcontinent, particularly in India and Bangladesh, he has also referred to the following decisions in addi­tion .......90. As the hearing could not be completed, we heard the matter to-day, the 17th February, 1990, Saturday and delivered the judgment. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 316. ..

Category: Election Law | Date: | Hits: 391

Sonali Bank Vs. Abidur Rahman, 1990, 19 CLC (HCD)

.... 2. It appears that decree-holder petitioner Sonali Bank obtained a decree in the High Court of Justice Queen's Bench Division, London (England), United Kingdom against the judgment-debtor opposite party Abidur Rahman for a sum of £4,31,845.70 with in­terest and costs. Thereafter decree-holder-p....... The rule is, accordingly, discharged without any order as to costs. Communicate this order to the Dis­trict Judge, Dhaka, at once. Ed. This Case is also reported in: 42 DLR (HD) (1990) 311...

Category: Procedural Law | Date: | Hits: 168

Azam-e-Sadat (Md.) Vs. Bangladesh and others, 2010, 39 CLC (HCD)

....ant Attorney-General - For the State/Respondent. Writ Petition Nos.8362 with 7948 of 2009. Judgment Md. Ashfaqul Islam J.- Supplementary affidavits filed in both the writ petitions be formed part of the main petitions. 2. Both the writ petitions are taken up together and disposed of by a......e under different sections of the Penal Code and prevention of Anti-Corruption Commission Act 2004 giving rise to Motijheel Police Station Case No.77 dated 28-12-2006. While both the cases were under investigation the petitioner moved this Division and obtained the present Rule and stay. 7. Mr. A..

Category: Criminal Law | Date: | Hits: 89

Motiur Rahman Vs. AKM Shamsul Alamin and another, 2010, 39 CLC (HCD)

.... 1(a)-1(e). Civil Revision No. 4142 of 1999. Judgment Md. Azizul Haque J.- The Rule was issued on an application under section 115(1) of the Code of Civil Procedure calling upon the opposite party No.1 to show cause as to why the impugned Judgment and order dated 22-8-1999 passed by the Add......s Appeal No.76 of 1997 is hereby maintained. Send down the LCR along with copies of this Judgment to the Courts below immediately. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 449. ..

Category: Procedural Law | Date: | Hits: 170

Trade Multi Plex and another Vs. Artha Rin Adalat and another, 2010, 39 CLC (HCD)

....K Road, Jessore (hereinafter referred to as the Bank). The loan was subsequently enhanced by the Bank from time to time. The petitioners repaid some amount of loan on several dates but from the first part of 2006, the petitioners started facing huge loss in the business due to political unrest and o...... of judgment. The order of stay granted earlier by the Court stands vacated. Communicate the Judgment to respondent No.1 at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 533...

Category: Civil Law | Date: | Hits: 157

Tarique Rahman Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)

.... it is sufficient to refer to it in the later statute. 18. When an earlier Act or certain provisions thereof are incorporated by reference into the later Act, the provisions so incorporated become part and parcel of the later Act as if they have been bodily lifted from the earlier Act and transpo...... said amount to a foreign Bank Account and expending those in various countries. 5. The informant Mohammad Ibrahim, Assistant Director, Anti-Corruption Commission, Head Office, Dhaka was appointed investigation officer. After completion of the investigation. He submitted the charge sheet No.48 da..

Category: Criminal Law | Date: | Hits: 112

Abdul Kashem Vs. University of Chittagong, 2008, 37 CLC (HCD)

....e correct date is 29-4-1984. (vi) The registration card submitted by the petitioner to obtain English Mark Sheet shows the Registration Number, external 8126 of the year 1989-90 which is for First part, MA English examination. However, the petitioner, in order to get English Mark Sheet should hav......946, examination held in the year 1983 as early as possible preferably within 2(two) months from the date of receipt of the Judgment. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 518. ..

Category: Others | Date: | Hits: 186

Nur Hossain Miah & others Vs. Bangladesh and others, 2010, 39 CLC (HCD)

....e of State Vs. Zakaria Pintu alias Md. Zakaria Pintu reported in 18 BLT (AD) (2010) 491 = 62 DLR (AD) 420 that a bail although may often be a right to an accused but sometimes it is imperative on the part of the Court to refuse if there is serious allegations against him, like murder, rape, violence......ent procedure of law governing the same. 7. Mr. Md. Khurshid Alam Khan, the learned counsel for the respondent in Writ petition No.4202 of 2009 submits that right after lodging of the FIR when the investigation had just started the petitioner brought this writ petition which is also not tenable u..

Category: Criminal Law | Date: | Hits: 107

Md. Omar Ali Mondal and others Vs. Md. Abdul Hamid and others, 2012, 41 CLC (AD)

....ttled principle that the plaintiff is to prove his own case and that weakness of the case of the defendant can not be a ground for decreeing the suit of the plaintiff. We do not find any ground for departing from this established principle of law. 8. When the Bengal Tenancy Act was in operation,......on proper appreciation of law and facts do not call for interference by this Division. Accordingly, this civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in:..

Category: Property Law | Date: | Hits: 101

Md. Rafiqul Islam alias Rafique Vs. State, 2011, 40 CLC (HCD)

....ion Case No.40 of 1994 is hereby set aside. The appellant is released from his bail bond. Send down the lower Court records. Naima Haider, J.- I agree. Ed. This Case is also Reported in: ......ortem report, the said S. M. Shahidul Islam lodged an ejahar against the appellant, which gave rise to Fatullah Police Station Case No. 20(11)93 under section 302 of the Penal Code. The police, after investigation submitted charge sheet against the sole appellant on 29.4.1994 under the same penal se..

Category: Criminal Law | Date: | Hits: 101

SM Sabbir Hasan Vs. State, 2011, 40 CLC (HCD)

....ermitted to take back the certified copies of the annexures on substituting with photo copies of the same, except the impugned order. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 368. ......her law enforcing agencies. Further he submits that the occurrence took place on 23-1-2011 and FIR was lodged on 24-1-2011 and on the same day it was transmitted to the Anti-Corruption Commission for investigation following the procedure of Rule 4 of the Anti-Corruption Commission Rule, 2007. So the..

Category: Criminal Law | Date: | Hits: 111

Anwar Ali Vs. State, 1987, 16 CLC (HCD)

....spect of the foreign currency loan of the said amount of Tk. 99,000/-was executed on 13th August 1968 while the credit agreement in respect of the local currency loan of Tk. 30,000/- between the said parties was executed on 10th September, 1970. The loan in foreign cur­rency was for setting up of a......ctor, District Anti-Corruption Bureau, Pabna lodged a written F.I.R. with the Pabna P.S. on 31.3.83 giving the time of commission of theft and misappropriation to be between 27.4.68 to 31.7.80. After investigation infor­mant Mr. Dabiruddin, Assistant Inspector, District Anti-Corruption Bureau, Pabn..

Category: Criminal Law | Date: | Hits: 108

Haji Karamat Ali Master Vs. Lehajuddin Talukder & others, 1988, 17 CLC (HCD)

....ant No.1 Lehajuddin-Talukder in re­spect of .44 acre of lands as described in schedule 'Ka' to the plaint is collusive, ante dated and void and for cancellation thereof. The 'Ka' schedule lands form part of plot Nos.116 and 123 appertaining to S.A. Khatian No.37 corresponding to R.S. Khatian No.98 ......d cancelled. A copy of the de­cree be sent to the Sub-Registrar concerned for neces­sary note in the relevant book maintained by him. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 447...

Category: Property Law | Date: | Hits: 82

Dr. Suraiya Hossain Vs. Taherunnessa, 1988, 17 CLC (HCD)

....ed allowing the petitioner to deposit rent with the House Rent Controller in House Rent Case No.486 of 1983 till disposal of the Rule. 3. All these cases and counter cases arose be­tween the same parties, namely, between Dr. Suraiya Hossain and Mrs. Taherunnessa, concerning the same residential ......d for them to vacate. In the facts and circumstances of the cases there will be no order as to costs. Send down the records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 441...

Category: Property Law | Date: | Hits: 88

Jalaluddin Vs. Bangladesh, 1989, 18 CLC (HCD)

....eas, but not yet included within the Sylhet Pourashava under section 4. If we read carefully section 3, it becomes quite clear that as soon as a rural area is declared as urban area, it will not be a part of the Pourashava ipso facto. It re­quires further legal steps and ultimate Notification as co......result, the Rule is discharged but without any order as to costs, and the order of stay passed by this Court earlier is hereby vacated. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 132...

Category: Property Law | Date: | Hits: 108

Daulatpur Traders & Co. Ltd. Vs. Eastern Federal Union Insurance Co. Ltd. & another, 1989, 18 CLC (HCD)

....e claimant on the sum awarded" on a clear misappreciation that he could fix the liability of the insurance companies to the claimant under the insurance policies which he had no authority to do. This part of the award was also held to be bad by the learned Single Judge. 6. In the operative portio......lt all the three appeals are dis­missed but in the facts and circumstances of the case we direct the parties to bear their own costs. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 125. ..

Category: Business or Commercial Law | Date: | Hits: 290

Soleman & Others Vs. State, 1989, 18 CLC (HCD)

....Raja (not examined), Moyna Miah P.W.6 and Khorshed Miah P.W.7. She sent P.Ws.3, 6 and 7 to the house of Akal Miah's father-in-law to ascertain whether he had actually reached there or not. The search party went to the house of the father-in-law of Akal Miah and asked his wife about her husband. She ......i-social activities including smuggling and he might have been murdered by some of his unknown enemies and the accused appellants are implicated in this case falsely out of enmity. 4. Police after investigation submitted charge sheet against the accused appellants and 2 others (since dead). Charg..

Category: Criminal Law | Date: | Hits: 141

Abdul Latif & another Vs. Attar Ali, 1989, 18 CLC (HCD)

....ate—For the Petitioners. Md. Abdul Gafur, Advocate — For the Opposite Party. Civil Revision No.108 of 1986. Judgment Qazi Shafiuddin J.- This rule was issued calling upon the opposite party to show cause why the judgment and decree dated 27.2.86 and 9.3.83 respectively passed by the ......appeal below occasioning any failure of justice, no interference is called for. The rule is discharged without any order as to costs. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 115...

Category: Civil Law | Date: | Hits: 152