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Ferdousi Islam Vs. Nur Mohammad Kha and others, 2000, 29 CLC (HCD)

.... is set aside. The trial Court is directed to proceed with the trial in accordance with law from the stage before passing the impugned order. Ed. This Case is also Reported in: 54 DLR (2002) 418.......n unknown person and thereafter they searched for him but in vain and hence she lodged the first information report. 3. The case was investigated by the police who visited the place of occurrence, recorded the statements of witnesses under section 161 of the Code of Criminal Procedure and on 14-1......proceed with the trial in accordance with law from the stage before passing the impugned order. Ed. This Case is also Reported in: 54 DLR (2002) 418....... is set aside. The trial Court is directed to proceed with the trial in accordance with law from the stage before passing the impugned order. Ed. This Case is also Reported in: 54 DLR (2002) 418...

Category: Criminal Law | Date: | Hits: 33

Osi Meah Sowdager Vs. Tulsidham Akherar Madan Mahan Narasingha and others, 2002, 31 CLC (HCD)

....the learned 1st Court of Subordinate Judge, Chittagong for his information and necessary action. Send down the lower Court records at once. Ed. This Case is also Reported in: 54 DLR (2002)409....... 4. Mr. Bhishna Dev Chakroborty, the learned Advocate appearing for the plaintiff-opposite party, supports the impugned judgments. 5. The case of the plaintiff-opposite party is that the suit land recorded in RS Plot No. 358 of Mouza Ander Killa, PS Kotwali, District Chittagong belonged to the pl......2002)409.......is that the suit land recorded in RS Plot No. 358 of Mouza Ander Killa, PS Kotwali, District Chittagong belonged to the plaintiff Deity and it has been correctly recorded in his name in the RS and PS khatians as a pond—Exts. 1 and 1(A) respectively. The suit land is a pond and its banks. The plain..

Category: Civil Law | Date: | Hits: 69

Makbul Ahmed and others Vs. Mohammedullah and others, 2000, 29 CLC (HCD)

....ed to deposit the money by chalan according to the order made by the High Court Division in First Miscellaneous Appeal but the petition was rejected on the said date. The petitioners thereafter being wrongly advised proffered the Miscellaneous Appeal on 30-9-84 before the District Judge Noakhali bei......3/84 which was disposed of by the learned Additional District Judge by the impugned judgment and order finding that the appeal is not maintainable for inasmuch as the learned Subordinate Judge merely recorded the order of dismissal after the expiry of two months as prescribed in the judgment of the ...... Cases Referred To- MA Wahab and another vs. Abul Kalam and another 44 DLR (AD) 13; Mohammad Ramzan Sawadagar vs. AHM Fazlul Huq 15 DLR 99; 34 DLR 325. Lawyers Involved: Syed Mahmud Hossain, Advocate—For the Petitioner. Nikhilesh Dutta, Advocate—For the Opposite Parties. Civil......f 1983. 15. Having regard to the facts and circumstances of the case there will be no order as to costs. Send down the record at once. Ed. This Case is also Reported in: 54 DLR (2002) 399...

Category: Procedural Law | Date: | Hits: 62

Zahid Hossain @ Paltu and others Vs. State, 2002, 31 CLC (HCD)

....e equally unreliable unless the same is corroborated by the evidence of independent witness/witnesses. In that view of the matter, we are of the opinion that the learned Additional Sessions Judge has wrongly, improperly and illegally convicted the appellants on the basis of the lone evidence of appe...... deposing falsely in this case being agent of Kotwali PS in order to make out a case against his enemies when police failed. 16. PW 4 ST Islam, Magistrate, First Class, has stated in chief that he recorded the confessional statements of accused Md. Selim (PW 3) and Tota after observing all the le......d against, them and they be set at liberty forthwith, if not wanted in any other connection. Ed. This Case is also Reported in: 55 DLR (2003) 160. ...... appellants are acquitted of the charge levelled against, them and they be set at liberty forthwith, if not wanted in any other connection. Ed. This Case is also Reported in: 55 DLR (2003) 160. ..

Category: Criminal Law | Date: | Hits: 35

Zakir Hossain and another Vs. State, 2002, 31 CLC (HCD)

.... and sentence dated 20‑1‑92 by trial Court against appellants Zakir Hossain and Suruj Miah be accordingly upheld. Record be sent down. Ed. This Case is also Reported in: 55 DLR (2003) 137....... connection with the case and produced in the court on 24‑10‑89. Zakir was taken on 5 days remand but produced on 26‑1‑89 to the court, when he made statement under section 164 of the Cr.P.C. recorded by Mr. Anil Kumar Chakraborty Magistrate 1st Class, Matlab. 4. During investigation poli......against appellants Zakir Hossain and Suruj Miah be accordingly upheld. Record be sent down. Ed. This Case is also Reported in: 55 DLR (2003) 137....... and sentence dated 20‑1‑92 by trial Court against appellants Zakir Hossain and Suruj Miah be accordingly upheld. Record be sent down. Ed. This Case is also Reported in: 55 DLR (2003) 137...

Category: Criminal Law | Date: | Hits: 34

Hajee Abul Hossain and others Vs. Md. Amjad Hossain and others, 2010, 39 CLC (AD)

.... those were admitted in evidence without objection. This being the position, the kabuliyats, exhibit D series were admissible in evidence and the learned Single Judge of the High Court Division acted wrongly in not considering those kabuliyats. Herein, we may mention that the kabuliyat by Jinnat Ali......e plaintiffs' case are that Alia Baksha, the predecessor of the respondent Nos.1 and 3, and Isthana Miah, the father of the respondent No. 2 owned .11 acres of land each through Ramjan Khan, the C.S. recorded owner. Said Alia Baksha transferred his .11 acres of land to Abdul Mannaf Munshi who thereu......r as to costs. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 436, 15 MLR (AD) (2010) 485, 8 LG (AD) (2011) 10.......le in the suit lands. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 436, 15 MLR (AD) (2010) 485, 8 LG (AD) (2011) 10...

Category: Property Law | Date: | Hits: 36

Abdur Rashid Mia (Md) Vs. Md. Hasem Ali Mia & others, 2003, 32 CLC (HCD)

....assed by learned Assistant Judge, Basail, Tangail, in Miscellaneous Case No. 6 of 1996 is hereby restored. Send down the record at once. Ed. This Case is also Reported in: 56 DLR (2004) 155. ......assed by learned Assistant Judge, Basail, Tangail, in Miscellaneous Case No. 6 of 1996 is hereby restored. Send down the record at once. Ed. This Case is also Reported in: 56 DLR (2004) 155. ......shmadev Chakraborty, Advocate-For the Opposite Parties. Civil Revision No. 4343 of 1999. Judgment Mir Hashmat Ali J.- This Rule under section 115 of the Code of Civil Procedure was issued against the Judgment and order dated 7‑7‑1999 passed by the learned Subordinate Judge, Tangail, in ......assed by learned Assistant Judge, Basail, Tangail, in Miscellaneous Case No. 6 of 1996 is hereby restored. Send down the record at once. Ed. This Case is also Reported in: 56 DLR (2004) 155. ..

Category: Property Law | Date: | Hits: 39

Nasir Howlader Vs. State, 2004, 33 CLC (HCD)

.... Judge, Bagerhat is hereby affirmed. Let a copy of this judgment along with lower court's record be sent to the concerned court at once. Ed. This Case is also Reported in: 56 DLR (2004) 151. ......k him into custody from the house of Delwar Hossain Howlader. 3. Narrating these facts PW1, full brother of the deceased lodged the FIR Exhibit 1 in the Morelganj Police Station where the case was recorded punishable under section 302 of the Penal Code and handed over to the investigating officer......copy of this judgment along with lower court's record be sent to the concerned court at once. Ed. This Case is also Reported in: 56 DLR (2004) 151. ...... Judge, Bagerhat is hereby affirmed. Let a copy of this judgment along with lower court's record be sent to the concerned court at once. Ed. This Case is also Reported in: 56 DLR (2004) 151. ..

Category: Criminal Law | Date: | Hits: 30

Abul Kashem and others Vs. State, 2003, 32 CLC (HCD)

....thwith. Convict appellant Anwar Hossain Pintu alias Anwar Hossain may therefore; be set at liberty forthwith if not wanted in any other case. Ed. This Case is also Reported in: 56 DLR (2004) 132.......bu] Kashem and Anowar Hossain Pintu and other accused persons to murder Chairman Abdul Halim. On the basis of the said ejahar PW 16, Officer-in­-Charge of Burichang Police Station, Md. Rezaul Karim, recorded the FIR and started Burichang PS Case No. 6 dated 10‑3‑96. Thereafter, PW 16 himself to......alias Anwar Hossain may therefore; be set at liberty forthwith if not wanted in any other case. Ed. This Case is also Reported in: 56 DLR (2004) 132.......thwith. Convict appellant Anwar Hossain Pintu alias Anwar Hossain may therefore; be set at liberty forthwith if not wanted in any other case. Ed. This Case is also Reported in: 56 DLR (2004) 132...

Category: Criminal Law | Date: | Hits: 39

State Vs. Mir Hossain alias Mira and others, 2003, 32 CLC (HCD)

....But Judgment of Conviction for the offence of sections 302/34 of the Penal Code is maintained. Lower Court's Record be sent down at once. Ed. This Case is also Reported in: 56 DLR (2004) 124.......Hossain and Khodeja by way of judicial confessional statements under section 164 of The Code of Criminal Procedure implicated themselves in commission of murder. Judicial confessional statements were recorded by Khodeja Akhtar Khanam (PW 9) and Md Zasim Uddin Badal (PW 10) both Magistrates, First Cl......sections 302/34 of the Penal Code is maintained. Lower Court's Record be sent down at once. Ed. This Case is also Reported in: 56 DLR (2004) 124.......But Judgment of Conviction for the offence of sections 302/34 of the Penal Code is maintained. Lower Court's Record be sent down at once. Ed. This Case is also Reported in: 56 DLR (2004) 124...

Category: Criminal Law | Date: | Hits: 31

Ekushey Television Ltd. and another Vs. Bangladesh and others, 2003, 32 CLC (HCD)

....being same and similar we are not reproducing the same. 19. In Writ Petition No. 4607 an affidavit-in­-opposition has been filed on behalf of respondent No. 3, Secretary, Ministry of Information (wrongly written as the Post and Telecommunication). But in the affidavit-in-opposition no fact has b......ons made and the findings given by us in this judgment will have no bearing in disposing of the suit now awaiting disposal in the court below. Ed. This Case is also Reported in: 56 DLR (2004) 91.......w awaiting disposal in the court below. Ed. This Case is also Reported in: 56 DLR (2004) 91.......ons made and the findings given by us in this judgment will have no bearing in disposing of the suit now awaiting disposal in the court below. Ed. This Case is also Reported in: 56 DLR (2004) 91...

Category: Information Technology Law | Date: | Hits: 230

Jalal Uddin and others Vs. State, 2003, 32 CLC (HCD)

.... Send down the LC records along with a copy of this judgment to the trial Court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 56 DLR (2004) 69.......al College Hospital Authority after the death of the deceased), visited the place of occurrence, prepared sketch map of the place of occurrence with separate index thereof, examined the witnesses and recorded their statements under section 161 of the Code of Criminal Procedure and finally, submitted...... of this judgment to the trial Court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 56 DLR (2004) 69....... Send down the LC records along with a copy of this judgment to the trial Court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 56 DLR (2004) 69...

Category: Criminal Law | Date: | Hits: 28

Dulal Mia (Md) Vs. State, 2003, 32 CLC (HCD)

.... Send down the LC records along with a copy of this judgment to the trial Court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 56 DLR (2004) 65.......as started. 3. Police took up investigation, visited the place of occurrence, prepared sketch-map with separate index thereof, seized alamats by preparing seizure lists, examined the witnesses and recorded their statements under section 161 of the Code of Criminal Procedure, and finally, submitte...... of this judgment to the trial Court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 56 DLR (2004) 65....... Send down the LC records along with a copy of this judgment to the trial Court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 56 DLR (2004) 65...

Category: Criminal Law | Date: | Hits: 88

Reaz Shahid @ Milon Vs. State, 2001, 30 CLC (HCD)

.... Taka 1,00,000 with two sureties of like amount to the satisfaction of Jananirapatta Bigna Shirishtikari Aparad Damon Tribunal, No. 2, Dhaka. Ed. This Case is also Reported in: 54 DLR (2002) 385.......J. -This appeal under section 24(2) of Jananirapatta (Bishes Bhidan) Ain (shortly Ain of 2000) at the instance of accused appellant Reaz Sahid alias Milon is directed against an order dated 25-9-2000 recorded by Jananirapatta Bigna Shrishti Kari Aparadh Daman Tribunal, Dhaka in Jananirapatta Case No......t to the satisfaction of Jananirapatta Bigna Shirishtikari Aparad Damon Tribunal, No. 2, Dhaka. Ed. This Case is also Reported in: 54 DLR (2002) 385....... Taka 1,00,000 with two sureties of like amount to the satisfaction of Jananirapatta Bigna Shirishtikari Aparad Damon Tribunal, No. 2, Dhaka. Ed. This Case is also Reported in: 54 DLR (2002) 385...

Category: Criminal Law | Date: | Hits: 34

Karam Ali Vs. State, 2001, 30 CLC (HCD)

....and the Honurable Chairman of the Law Commission of Bangladesh for favour of their kind perusal. Send down the lower Court records at once Ed. This Case is also Reported in: 54 DLR (2002) 378.......material from him that may discredit his evidence. 20. PW 10 Mir Box was tendered by the prosecution. He was not cross-examined by the defence. 21. PW 11 Mozibur Rahman is a formal witness, who recorded the first information report. 22. In this case, the prosecution has failed to examine in......on of Bangladesh for favour of their kind perusal. Send down the lower Court records at once Ed. This Case is also Reported in: 54 DLR (2002) 378.......and the Honurable Chairman of the Law Commission of Bangladesh for favour of their kind perusal. Send down the lower Court records at once Ed. This Case is also Reported in: 54 DLR (2002) 378...

Category: Criminal Law | Date: | Hits: 97

Shah Newaz (Md.) and others Vs. Shah Wali and another, 2001, 30 CLC (HCD)

....end down the original case records at once with a copy of this judgment to the learned District Judge, Dhaka for necessary action accordingly. Ed. This Case is also Reported in: 54 DLR (2002)375.......n possession in the suit property as tenants. Thereafter title appeal No. 457 of 1990 was filed in the Court of District Judge, Dhaka, Additional District Judge, 5th Court, Dhaka heard the appeal and recorded concurrent findings and decisions that the suit was barred by law and, as such, the Assista......bdus Salam J Shah Newaz (Md.) and others ………….Petitioners Vs. Shah Wali and another……..Opposite-Parties Judgment November 24, 2001. Cases Referred To- Haji Afizuddin Ahmed vs. AKM Ashraf Ali, 19 DLR 775; Dilder Ahmed Chowdhury vs. Farooq Ahmed Chowdhury, 27 DLR (......end down the original case records at once with a copy of this judgment to the learned District Judge, Dhaka for necessary action accordingly. Ed. This Case is also Reported in: 54 DLR (2002)375...

Category: Trust/Waqf Law | Date: | Hits: 187

Ali Hossain (Md) and Other Vs. State, 2000, 29 CLC (HCD)

.... as practicable and must ensure are that it does not go by lapse, inaction or inertia. Send down the lower Court records at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 282. ......usion and forgery for the purpose of cheating and hence the case. 3. An Assistant Inspector of the Bureau of Anti-Corruption investigated the case seized alamats from the bank, examined witnesses, recorded their statements under section 101 of the Code of Criminal Procedure, sent the disputed acc......s not go by lapse, inaction or inertia. Send down the lower Court records at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 282. ...... as practicable and must ensure are that it does not go by lapse, inaction or inertia. Send down the lower Court records at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 282. ..

Category: Criminal Law | Date: | Hits: 40

Nurul Islam Manzoor Vs. State, 2000, 29 CLC (HCD)

....ution. Mr. Faruque also pointed out that all the statements were actually recorded by the Investigating Officer Mr. Abdul Kahar Akand but due to misreading by the employees of the copying department, wrongly the name of ABM Fazlul Karim was mentioned in the certified copies issued to the petitioners......neral—For the State. Criminal Revision No. 557 of 1999. Judgment Md. Hamidul Haque J. - By this Rule, the opposite party was called upon to show cause as to why statement of the witnesses recorded section 161 of the Code of Criminal Procedure and of co-accused Taheruddin Thakur recorded ......f the petitioners. Communicate the order to the Metropolitan Session Judge, Dhaka. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 276. ...... are returned to one of the learned Advocates of the petitioners. Communicate the order to the Metropolitan Session Judge, Dhaka. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 276. ..

Category: Criminal Law | Date: | Hits: 45

Nur Hossain (Md) Vs. Secretary, Ministry of Land and others, 1999, 28 CLC (HCD)

....stances of the case we find no substance in this writ petition and accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 275. ......bligation to do. 2. Short facts giving rise to the issuance of this Rule are as follows: The petitioners were the owners of the land in question of LA Case No.44 of 1959-60 measuring 2.26 acres recorded in CS plots No.110 and 111. The said land was acquired by the then Government of Pakistan b......etition and accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 275. ......stances of the case we find no substance in this writ petition and accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 275. ..

Category: Property Law | Date: | Hits: 28

Salim (Md.) Vs. State, 2001, 30 CLC (HCD)

....ne of Taka 5,000.00 in default, to suffer RI for a further period of 6 months is affirmed. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 54 DLR (2002) 359.......uddin Khondker investigated the case, visited the place of occurrence, prepared a sketch map of the place of occurrence with separate index seized alamats as per seizure lists, examined witnesses and recorded their statements under, section 161 of the Code of Criminal Procedure and on completion of ......or a further period of 6 months is affirmed. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 54 DLR (2002) 359.......ne of Taka 5,000.00 in default, to suffer RI for a further period of 6 months is affirmed. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 54 DLR (2002) 359...

Category: Criminal Law | Date: | Hits: 53