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Abul Khair & another Vs. State, 2002, 31 CLC (HCD)
....he truth of the manner of occurrence to fish in troubled water after such long lapse of time compared with first occasion when P.Ws. were duly examined and cross examined when no such question on the particular point or fact was asked to P.Ws.2‑6. Learned Assistant Attorney-General accordingly con......aster died and the dead body was taken back and thereafter informant Waliullah lodged first information report at 13‑30 hours on 2‑7‑1988 in Matlab Thana. PS Case was accordingly registered and investigation commenced. 4. During investigation police visited place of occurrence, held inquest..Category: Criminal Law | Date: | Hits: 97
Hasina Khatoon and another Vs. Md. Samsur Rahman and others, 1997, 26 CLC (HCD)
....er dated 26‑4‑1988 passed by the learned Assistant Judge Keshabpore, Jessore in Miscellaneous Case No.11 of 1987 rejecting the petitioner’s application for amendment of the pleading by adding a party thereto. 2. The petitioners filed an application for pre‑emption under section 96 of the ......us (Pre‑emption) Case No.11 of 1987 as expeditiously as possible, preferably within 3 months, from the date of receipt of this order. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 187. ..Category: Property Law | Date: | Hits: 94
Shamsul Huq Chowdhury Vs. Justice Md. Abdur Rouf & others, 1995, 24 CLC (HCD)
....le 147(3) of the Constitution which provides “no person appointed to or acting in any office to which this Article applies shall hold any office, post or position of profit or emolument or take any part whatsoever in the management or conduct of any company, association or body having profit or ga......ntial question of law as to the interpretation of the Constitution. The prayer is allowed and certificate prayed for is hereby granted. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 176...Category: Constitutional Law | Date: | Hits: 353
Hifzur Rahman and 2 others Vs. State, 1995, 24 CLC (HCD)
....plication. The Rule is accordingly discharged. The order of stay passed earlier is hereby vacated. Send down the record at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 325. ...... as he was not sent up in the charge-sheet nor named in the First Information Report. He argued that the basis of taking cognizance by the Magistrate should be the charge-sheet which is the result of investigation of the case and if in case Naraji petition is filed the Magistrate is required to hold..Category: Criminal Law | Date: | Hits: 102
Saiful Islam Dilder Vs. Government of Bangladesh and others, 1998, 27 CLC (HCD)
.... some better interpretation of it can be suggested) to be interpreted to mean that fugitive criminals are not to be surrendered for extradition crimes, if those crimes were incidental to and formed a part of political disturbances………………” 5. He also read out the following passage tha......d the adjacent area, which aroused wide attention as implementation of the Programme is anti-environment and anti-people project. The petitioner further stated in the petition that the BELA conducted investigations at various times from 1992-93 in the FAP-20 areas. He alleged that no proper environm..Category: Constitutional Law | Date: | Hits: 421
....building and the petitioner-respondent lost his father during his minority and he inherited the case land and building along with other co-sharers. It is also the case of the petitioner that opposite parties 1-3 purchased 0.200 acre of land and three annas share of the building thereon from opposite......ned Subordinate Judge, Chandpur in Miscellaneous Case No.59 of 1990 is hereby affirmed.
Send down the lower Court records at once.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 311.
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Category: Property Law | Date: | Hits: 113
....a report on the facts of the case to the Legal Remembrancer through the Commissioner, and the Legal Remembrance shall, if he thinks fit, report the case for the orders of the Government in Judicial Department. In Miscellaneous Chapter, Clause 17 shows the appointment of the Public Prosecutor. The pr......be discharged.
In the result, this Rule is discharged and in the facts and circumstances of the case we pass no order as to cost.
Ed.
This case is also Reported in: 49 DLR (HD) (1997) 126.
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Category: Others | Date: | Hits: 212
Shahriar Rashid Khan and another Vs. Bangladesh, 1997, 26 CLC (HCD)
.... aforesaid period. Since this Constitution (5th Amendment) Act had been passed by two‑third majority of the members of the Parliament and since that has been incorporated into the Constitution as a part of the Constitution, we are not in a position to re‑open the passed and closed issue and cons......the interpretation of several provisions of the Constitution are involved in the instant cases, the certificate prayed for is granted. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 133. ..Category: Criminal Law | Date: | Hits: 202
Habibur Rahman Mondal (Md.) and others Vs. State and another, 2010, 39 CLC (HCD)
....Miscellaneous Case No.10949 of 2005. Judgment Khandaker Musa Khaled J. - On an application under section 561A of the Code of Criminal Procedure, this Rule was issued calling upon the opposite-party to show cause as to why the proceedings of GR No.117 of 2005 arising out of Gaibandha PS Case ......odging first information report which is an absurd proposition. Moreover, it is clear from the last sentence of the aforesaid provision of law that sanction is necessary at the time of submitting investigation report to the Court; and without such a copy of sanction, no Court shall take cogn..Category: Criminal Law | Date: | Hits: 101
Shahajada Talukder Vs. Election Commissioner and others, 2003, 32 CLC (HCD)
....aith vitiates everything and a mala fide act is a nullity. What is mala fide? Relying on some observations of the Supreme Court in some decisions. Durgadas Basu J held, "It is enough if the aggrieved party establishes: (i) that the authority making the impugned order did not apply its mind at ...... cancelled and the Returning Officer is directed to hold fresh election upon accepting the nomination paper already filed by the petitioner. Ed. This Case is also Reported in: 55 DLR (2003) 420...Category: Election Law | Date: | Hits: 211
Ali Azam Vs. Md. Majibullah, 2002, 31 CLC (HCD)
....plaintiff has brought the suit only to grab the entire property so the same suit is liable to be dismissed. 4. The plaintiff examined 10 witnesses and the defendant examined witnesses and both the parties produced some documentary evidence in support of their respective claims. 5. The trial Co......The order of stay granted earlier by this court at the time of issuance of the Rule is hereby vacated. Send down the LC Records at once. Ed. This Case is also Reported in: 55 DLR (2003) 412. ..Category: Property Law | Date: | Hits: 103
Abdul Goni Kha Vs. Md. Abdul Aziz Azizur Rahman and others, 1996, 25 CLC (HCD)
.... of the Munsif 2nd Court Barisal in Title Suit No.67 of 1976. 2. The plaintiff filed the suit for declaration of title in the suit land stating, inter alia, that Nazar Ali, predecessor of opposite parties No.5‑10 was the owner of 96 decimals of land recorded in plots No.757, 793 and 804 of sect...... receipt of this order failing possession through the court in execution thereof. Send down the lower Courts record expeditiously. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 172. ..Category: Property Law | Date: | Hits: 114
Talebur Rahman alias Taleb and 2 others Vs. State, 1994, 23 CLC (HCD)
....ed that on being asked the police admitted that there were so many shops and houses around the Roushan General Store but none of them was examined or even cited as witness in the case. Failure on the part of the police to find out the owner of the shop and to make him either an accused or cite him a...... charge sheet they were placed on trial before the Special Tribunal Judge, Court No.17, Dhaka in Special Tribunal Case No.389 of 1992. In the First Information Report it was stated that while holding investigation in Gulshan PS Case No.9 (1) 92 under sections 395/397 Penal Code the police arrested a..Category: Criminal Law | Date: | Hits: 74
Amir Hossain Dhali and other Vs. State, 1997, 26 CLC (HCD)
.... night or in the next morning. At 8‑00 AM of the next morning P.W.5 Mahiriur Begum, wife of the deceased, informed wife of her neighbour, Abdul Majid, that her husband had not returned home after departure with the accused persons on the previous night on the plea of going to the house of Moti Cha......13 Sabed Ali Dewan, which is at a distance of 150/200 yards from the house of the deceased. P.W.5 lodged the first information report with PS Damuddya at 12‑15 PM on 16‑11‑90. On compilation of investigation and on receipt of the post‑mortem report, the two appellants and seven other persons..Category: Criminal Law | Date: | Hits: 85
.... 38 days and 501 days and the Rule therein were issued condoning the delay provisionally subject to the objection that might be raised at the time of hearing.
9. Learned Advocates for the opposite parties in these three Rules submit that there is no sufficient cause for condoning the delays. We d......pposite parties in the other civil revisions shall get interest @ 10 percent from the date of this judgment (19-8-96) till realisation.
Ed.
This Case is also Reported in: 49 DLR (HD) (1997) 160...
Category: Property Law | Date: | Hits: 84
Jahangir Alam and others Vs. State, 2011, 40 CLC (HCD)
....nd, as such, both the appeals are liable to be dismissed. 11. Heard the learned Advocates for both the sides and perused the materials on record. 12. Now let us discuss the evidences led by the parties to arrive at correct decision. 13. P.W.1 MH Rahmat Ullah, Deputy Assistant Director, ACC .......8 dated 6-7-2008 against the accused-appellant and others. 3. Mr. MH Rahamatullah, Deputy Assistant Director, Durnity Daman Commission, Barisal investigate into the matter and after completion of investigation, submitted charge sheet being Charge Sheet No.211 dated 30-12-2008 against the accused..Category: Criminal Law | Date: | Hits: 142
....e.
3. No Affidavit‑in‑Opposition has been filed by the respondents.
4. Mr. Rokanuddin Mahmud, the learned Counsel placing the grounds of detention, submits that the allegations in the first part of the grounds, of detention as contained in Annexure‑B are vague and indefinite and those va......for alleged recovery of illegal arms namely, foreign-made revolver of 22 bore Kotwali PS Case No.26(12)2002 under section 19(ka) of the Arms Act has been initiated and in that case the police after investigation has submitted charge-sheet and that case will be tried according to the provision of l..
Category: Criminal Law | Date: | Hits: 104
Mohammadullah and others Vs. Md. Shamsul Alam alias Md. Alam, 2002, 31 CLC (HCD)
...., 3rd Court, Dhaka on the same day for eviction of their monthly tenants, namely, Md. Shamsul Alam @ Md. Alam and Haji Abdul Jabbar respectively from the suit premises. Both the suits were decreed ex parte on 26‑2‑1992. The decrees were put into execution vide Title Execution Case Nos. 8 of 1992...... the said finding of fact. In the result, these Rules are discharged without any order as to cost. The impugned orders are maintained. Ed. This Case is also Reported in: 55 DLR (2003) 428. ..Category: Procedural Law | Date: | Hits: 100
Mokbul Hossain and another Vs. State, 2003, 32 CLC (HCD)
....mensingh for disposal. Meanwhile accused Mokbul Hossain and Atiqul Islam remained absent and absconding. State defence lawyer was accordingly appointed to defend absent and absconded accused. Hearing parties charge under section 302/34 was framed against accused Rasmat Ali, and against absent and ab......amination dead body was taken for burial. Thereafter Saidul Islam as informant lodged first information report on 19‑12‑1990 whereupon Trisal PS case 8 dated 19‑12‑1990 was started. After due investigation by the police charge-sheet was submitted against Rasmat Ali, Mokbul Hossain, and Atiqu..Category: Criminal Law | Date: | Hits: 103
Yasinullah Vs. State, 2003, 32 CLC (HCD)
....ccused on 21‑2‑1999 alleging inter alia, that the accused persons are dangerous and desperate in nature in the locality and accused persons are always trying to take revenge against the informant party. It was further alleged that on 10‑2‑1999 the accused persons by forming an unlawful assem......hairman and Member and police came and seized the revolver. Police then started Balaganj PS Case No. 14 dated 11‑2‑1999 under section 19A and (f) of the Arms Act and arrested accused Harun. After investigation police submitted final report against the accused on 2‑9-1999. 3. The informant..Category: Criminal Law | Date: | Hits: 86
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