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Uzzal and Golam Rasul alias Mamun Vs. State, 2006, 35 CLC (HCD)
..... Lower Court records be sent down at once with a copy of the Judgment. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 311. ......ice. He denied the defence suggestion that as a matter of fact no pipe gun and no country-made gun was recovered from the possession of the accused-persons. This witness also admitted that during the time of recovery, local people, rickshaw puller and other shopkeepers were present. He also stated t......ecution are not good enough to sustain the conviction of the accused-appellant under section 19(f) of the Arms Act. Mr. Mazumder further submits that no seizure-list witness was examined to prove the recovery of the arms, although the prosecution case is that the arms were recovered and the seizure-......gun was recovered from the waist of Ujjal and the front site of a gun was recovered from Mamun. Then in presence of the Rickshaw pullar Habibur Rahman and other witnesses present the P.W.2 seized the arms after preparing a seizure list and after handing over the accused persons to the thana he lodge..Category: Criminal Law | Date: | Hits: 78
State Vs. Md. Mobarak and others, 2008, 37 CLC (HCD)
....ace. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 138. ......true when it appears on reading of the confessional statement that the maker accused took active part in commission of the offence. This confessional statement is not only exculpatory but at the same time it speaks an unholy connection with the informant to make it a totally unreliable piece of pape......the said Abdul Halim has not been examined as a witness which, according to the learned Advocate for the accused-appellants, speaks falsity of the entire prosecution case. He further submits that the recovery of the arms at the instance of Md. Mobarak who is a planted person of the informant as such......alim has not been examined as a witness which, according to the learned Advocate for the accused-appellants, speaks falsity of the entire prosecution case. He further submits that the recovery of the arms at the instance of Md. Mobarak who is a planted person of the informant as such it cannot be ru..Category: Criminal Law | Date: | Hits: 89
....Court
High Court Division
(Special Original Jurisdiction)
Present:
AHM Shamsuddin Chowdhury J
Md. Delwar Hossain J
S.M. Ahsan Kabir……………Petitioner
Vs.
Election Appellate Tribunal (Upazilla Election Parishad) and others……………Respondents
Judgment
June ......etition).
For the discussion made above we do not find any merit in this Rule.
In the result, the Rule is discharged, however, without any order as to costs.
The order of stay granted at the time of issuance of the Rule is hereby recalled and vacated.
Ed.
This Case is also Reported in......ever, without any order as to costs.
The order of stay granted at the time of issuance of the Rule is hereby recalled and vacated.
Ed.
This Case is also Reported in: 18 BLT (HCD) (2010) 289.
......ever, without any order as to costs.
The order of stay granted at the time of issuance of the Rule is hereby recalled and vacated.
Ed.
This Case is also Reported in: 18 BLT (HCD) (2010) 289.
..
Category: Election Law | Date: | Hits: 600
Md. Joinaul Abedin Mintu Vs. Joint District Judge, 3rd Court Tangail and others, 2010, 39 CLC (HCD)
....ner Vs. Joint District Judge, 3rd Court Tangail and others………………………Respondents Judgment February 4, 2010. Result: The Rule is made absolute. The Artha Rin Adalat Ain, 2003 (Act No. VIII of 2003); section 33 After the institution of the Execution Case in ti......ents Judgment February 4, 2010. Result: The Rule is made absolute. The Artha Rin Adalat Ain, 2003 (Act No. VIII of 2003); section 33 After the institution of the Execution Case in time, the Adalat will take steps to sell the mortgage property in auction first under the provision ......to have been made without lawful authority and in an unlawful manner and is of no legal effect. Communicate this judgment at once. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 277. ......to have been made without lawful authority and in an unlawful manner and is of no legal effect. Communicate this judgment at once. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 277. ..Category: Civil Law | Date: | Hits: 174
Azam Ali and another Vs. Akram Ali and others, 2010, 39 CLC (HCD)
.... April 13, 2010. Result: The Rule is made absolute. After closer of the plaintiff witness the defendant can examine witness or adduce documentary evidence. Without doing so, he participated in the hearing of the argument of the suit. After delivery of the judgment and decree if the su......ge (In-charge), Fourth Court, Dhaka in Title Suit No.251 of 2001 should not be set aside and/or pass such other order or further order or orders as to this Court may seem fit and proper. 2. At the time of issuance of the Rule operation of the impugned judgment and decree dated 29.11.2004 passed b......of status quo granted at the time of issuance of the Rule is hereby re-called and vacated. 20. Send down the lower Courts records. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 273. ......of status quo granted at the time of issuance of the Rule is hereby re-called and vacated. 20. Send down the lower Courts records. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 273. ..Category: Procedural Law | Date: | Hits: 99
Md. Isahaque Ali and others Vs. State, 2007, 36 CLC (HCD)
....eme Court High Court Division (Criminal) Present: Siddiqur Rahman Miah J Md. Rezaul Haque J Md. Isahaque Ali and others……………………………..Appellants Vs. The State..........................Respondent Judgment August 16, 2007. Result: The appeal is......ticularly those in favour of the accused should be placed before the court. It is a course not obligatory on the public Prosecutor to examine any number of witnesses on the same point regardless of time. The failure of the accused to produce evidence does not relieve the Public Prosecutor of his d...... bail by this Division, are discharged from the respective bail bond. Send down the L.C.R at once. Md. Rezaul Haque J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 93. ......aleha Khatoon, is the sister of victim Aftabuddin who heard from the people that the accused caused hurt to the victim thereby he died. In the cross examination, she stated that she did not see any arms or lathi in the hand of the accused in the night of occurrence and she heard about the occurr..Category: Criminal Law | Date: | Hits: 84
....d.
Send down the lower Court records at once.
Md. Arayes Uddin J.- I agree.
Ed.
This Case is also Reported in: 7 LG (HCD) (2010) 176.
......6 of 1980 is hereby set aside and the suit is dismissed.
Send down the lower Court records at once.
Md. Arayes Uddin J.- I agree.
Ed.
This Case is also Reported in: 7 LG (HCD) (2010) 176.
...... sustained by the plaintiff was due to negligence, carelessness, misconduct of the defendants, the defendants are liable to make good the loss sustained by the plaintiff. Hence the present suit for recovery of the bills.
3. The defendant No.1 and 2 contested the suit by filing written statement......6 of 1980 is hereby set aside and the suit is dismissed.
Send down the lower Court records at once.
Md. Arayes Uddin J.- I agree.
Ed.
This Case is also Reported in: 7 LG (HCD) (2010) 176.
..
Category: Admiralty Law or Maritime Law | Date: | Hits: 486
State Vs. Abdul Momin Sardar, 1998, 27 CLC (HCD)
....ommissioner, Satkhira. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 588. ......ed and fixed for hearing today. Though the Rule was adjourned on the ground of illness of the learned Advocate and he was directed to appear before this Court after recovery of his illness in the meantime, today the said learned Advocate has not appeared but his junior has appeared on his behalf. In......ior also the Rule was again adjourned and fixed for hearing today. Though the Rule was adjourned on the ground of illness of the learned Advocate and he was directed to appear before this Court after recovery of his illness in the meantime, today the said learned Advocate has not appeared but his ju......or securing arrest of the said convict and to put him to jail custody. Communicate the order to the Deputy Commissioner, Satkhira. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 588. ..Category: Criminal Law | Date: | Hits: 87
Mohin Uddin (Md.) Vs. State, 2008, 37 CLC (HCD)
....se records at once with the copy of the judgment for taking necessary action. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 35. ......eral Dairy No. 468 dated 13-7-2001 led a police force on a special police expedition in Union Parishad No. 15 Mandari; that at about 3-00 AM in the course of the expedition, they halted for some time on the Lakshmipur Chowmuhani Highway to the west of Battali Bazar; that thereafter at about 3-1......rom giving support to Awami League and the story of seizing arms and ammunition is concocted. 17. P.W. 2, Siddiqullah is one of the seizure list witnesses who saw the pipe gun and cartridges after recovery of the same and saw the accused in an arrested condition; that officer in charge, Lakshmipu......t No. XI of 1878); section 14 There is nothing in section 14 of the Arms Act about exclusive or sole possession or exclusive or sole control. The test provided by the section is not as to whom the arms belong but whether they are in the possession or under the control of the persons charged. What..Category: Criminal Law | Date: | Hits: 92
.... also Reported in:61 DLR (HCD) (2009) 734.
......ax payer. Invoking and/or resorting to section 37 while issuing a notice under section 55(1) of the VAT Act therefore could not be said to have been issued bona fide for the simple reason that at the time of issue of the notice, the authority concerned had not yet arrived at as to any evasion of VAT......05 (Annexure-C) is hereby declared to have been issued without lawful authority and, as such, of no legal effect. Communicate at once.
Ed.
This Case is also Reported in:61 DLR (HCD) (2009) 734.
......05 (Annexure-C) is hereby declared to have been issued without lawful authority and, as such, of no legal effect. Communicate at once.
Ed.
This Case is also Reported in:61 DLR (HCD) (2009) 734.
..
Category: Fiscal/Taxation Law | Date: | Hits: 131
....he People's Republic of Bangladesh and others...........Respondents
Judgment
November 26, 2002.
Result:
The Rule is made absolute without any order as to costs.
It is to be presumed that all actions taken by the government officials are in accordance with law and in the public intere......iliate of Stevedoring Services of America, an USA-based Company, and without considering the applications of other applicants who applied for establishment of such container terminals at the relevant time and without inviting international tender to and that as per provisions of the Chittagong Port ......a copy of this judgment and order be sent to the Hon'ble Prime Minister for perusal and necessary action as per our observations made above.
Ed.
This Case is also Reported in:55 DLR (2003) 171.
......a copy of this judgment and order be sent to the Hon'ble Prime Minister for perusal and necessary action as per our observations made above.
Ed.
This Case is also Reported in:55 DLR (2003) 171.
..
Category: Others | Date: | Hits: 113
BRAC vs. National Board of Revenue and another, 2008, 37 CLC (HCD)
....horized and as such, of no legal effect. In the result, the Rule is discharged with cost. Communicate at once. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 245. ......ized, and therefore, void. 10. She also submitted that the right to appeal is a creature of a stature and in order to exercise such right whatever procedure and condition that was available at the time would be available and enforceable to the appellant even after omission of such provision by su......gal and/or unauthorized and as such, of no legal effect. In the result, the Rule is discharged with cost. Communicate at once. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 245. ......gal and/or unauthorized and as such, of no legal effect. In the result, the Rule is discharged with cost. Communicate at once. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 245. ..Category: Fiscal/Taxation Law | Date: | Hits: 171
Md. Abul Basher Vs. The Judge, First Artha Rin Adalat, Chittagong and others, 2008, 37 CLC (HCD)
.... judgment to the Adalat concerned at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 208. ......he statute i.e. the Artha Rin Adalat Ain, 2003 about the fate of the execution case if it does not conclude within 90+60=150 days, the provision of section 37(1) of the Ain, 2003 so far it relates to timeframe for disposal of the execution case is directory and not at all mandatory.……………......to dispose of the Artha Rin Execution Case No.208 of 2004 expeditiously. Communicate the judgment to the Adalat concerned at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 208. ......to dispose of the Artha Rin Execution Case No.208 of 2004 expeditiously. Communicate the judgment to the Adalat concerned at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 208. ..Category: Civil Law | Date: | Hits: 136
Latif alias Md. Latif Miah and Rabiuzzal Hossain Vs. State, 2005, 34 CLC (HCD)
....arged from their bail bonds. Send down the lower Court's records at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 410. ......appellants under section 398 of the Penal Code The accused were placed in trial being charged under section 398 of the Penal Code. The accused pleaded not guilty and claimed to be tried. 4. At the time of trial, the prosecution has presented as many as 5 witnesses in support of the prosecution ca...... of the Penal Code. Both the convict appellants are discharged from their bail bonds. Send down the lower Court's records at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 410. ...... of the Penal Code. Both the convict appellants are discharged from their bail bonds. Send down the lower Court's records at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 410. ..Category: Criminal Law | Date: | Hits: 86
.... (HCD) (2008) 405.
...... service on 15.12.1961 and thereafter his service book was opened by the authority as an employee and his pay was fixed as per national pay scale introduced by the Government and he got increment and timescale from time to time. He also submits that another Regulator Khalashi Md. Abdus Sattar by the......he Courts below stand maintained.
Send down the lower Court's record and a copy of the judgment and order to the Court concerned.
Ed.
This Case is also Reported in: 13 MLR (HCD) (2008) 405.
......he Courts below stand maintained.
Send down the lower Court's record and a copy of the judgment and order to the Court concerned.
Ed.
This Case is also Reported in: 13 MLR (HCD) (2008) 405.
..
Category: Employment/Service Law | Date: | Hits: 166
Abdul Mannan Mathbar Vs. Nazmul Hoque Majumder and others, 2009, 38 CLC (HCD)
.... This Case is also Reported in: 14 MLR (HCD) (2009) 317. ......r has been enjoying the suit land by mutating his name and paying the rent to the government regularly. Whereas the defendants have no right, title and interest and possession in the suit land at any time and after purchase of the suit land the plaintiff made boundary of the suit land by thatched fe......rt at the time of issuance of the rule is hereby vacated. Lower Court's records be sent down at once with a copy of the Judgment. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 317. ......rt at the time of issuance of the rule is hereby vacated. Lower Court's records be sent down at once with a copy of the Judgment. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 317. ..Category: Civil Law | Date: | Hits: 94
Mrs. Rokeya Begum Vs. Chartered Credit Cooperative Ltd., 2009, 38 CLC (HCD)
...., 5th Court, Dhaka should not be quashed. 29. The order of stay granted earlier shall stands vacated. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 274. ......tion 561A Quashment of proceedings Non disclosure of the date of receipt of notice under section 138 (1) (b) of the Negotiable Instruments Act is a question of fact which will be decided at the time of trial after taking evidence and thus non-disclosure of date of receipt of notice and consequ......itan Assistant Sessions Judge, 5th Court, Dhaka should not be quashed. 29. The order of stay granted earlier shall stands vacated. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 274. ......itan Assistant Sessions Judge, 5th Court, Dhaka should not be quashed. 29. The order of stay granted earlier shall stands vacated. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 274. ..Category: Criminal Law | Date: | Hits: 70
...., if so advised.
The applications for addition of party filed by the different applicants be kept with the record.
Ed.
This Case is also Reported in: 30 BLD (HCD) (2010) 257.
......াহা অব্যাহতভাবে চলিতে থাকিবে” used in this paragraph are very significant. Their Lordships stated about the drive that was going on at the relevant time but not about the action to be taken after completion of the survey. Therefore, the word “অ...... in the meantime, if so advised.
The applications for addition of party filed by the different applicants be kept with the record.
Ed.
This Case is also Reported in: 30 BLD (HCD) (2010) 257.
...... in the meantime, if so advised.
The applications for addition of party filed by the different applicants be kept with the record.
Ed.
This Case is also Reported in: 30 BLD (HCD) (2010) 257.
..
Category: Environmental Law | Date: | Hits: 731
Sobhan Munshi Vs. State and another, 2010, 39 CLC (HCD)
....rt High Court Division (Criminal Miscellaneous Jurisdiction) Present: Afzal Hossain Ahmed J Md. Abdus Samad J Sobhan Munshi………………………….Petitioner Vs. The State and another……………………………Opposite parties Judgment January 7, 2010. ......ion force, ambushed on the bank of the river "Padma" in village- Daodia and at about 2-30 A.M. having seen a Trawler coming by the side of the river from the east to west followed the same. After sometime when the Trawler stopped he saw a man boarding and then getting down from the Trawler and seein...... The prosecution, with a view to bring home the charges to the convict-petitioner, examined as many as 16 witnesses. The informant, appearing as P.W.1, deposed corroborating the prosecution story and recovery of arms from the control and possession of the accused persons including the convict-petiti...... self defence. Then the miscreants jumped into the water from the Trawler when he alongwith his force encircled the area and the Trawler and arrested the convict-petitioner and other accused with the arms being five rifles, twenty bullets of 303 rifles and one bayonet as well as other articles. Upon..Category: Criminal Law | Date: | Hits: 81
State Vs. Delwar Hossain & others, 2011, 40 CLC (HCD)
....s Judgment and Order be communicated to the Court below concerned at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 356. ......n be placed on such belated disclosure of the name of any accused. But there appears no such explanation from the side of prosecution. . . eye-witness claimed to have recognized some accused at the time of occurrence but if their names were not mentioned in the FIR, ultimately the Court will dis......ed case this Court found that the witnesses could not prove the manner of occurrence, as such, it was held that in absence of any evidence of dacoity by any of the witnesses and in absence of any recovery of any article taken during the dacoity from the possession of any of the accused-person, i.......W.7. 20. P.W.8 Mizanur Rahman stated that on 26-8-1996 at 8-00 AM he was coming to Cox's Bazar from Badarkhali by a launch and when they reached at Mukbeki 4-5 dacoits coming on a speed boat with arms entered into their launch and took away wrist watch and cash Taka-1,000 from him. They also loo..Category: Criminal Law | Date: | Hits: 158
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