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Salahuddin Ahmed Vs. State, 2009, 38 CLC (HCD)

....ase was under investigation by the officer of the Anti-Corruption Commission, an application under section 561A of the Code of Criminal Procedure was moved and this Rule was issued and stay passed as stated above. The accused-petitioner was also granted ad interim bail by the same Rule issuing order......t of this Judgment by the lower Court, and pray for regular bail. Send a copy of the Judgment and order to the Court below at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 351...

Category: Criminal Law | Date: | Hits: 61

Nurun Nabi (Md.) Vs. Md. Abu Taher Khan and another, 2009, 38 CLC (HCD)

....ted under Chapter XIX of the Code of Criminal Procedure. Section 225 of the Code reads as follows: "225. Effect of Errors.- No error in stating either the offence or the particulars required to be stated in the charge, and no omission to state the offence or those particulars shall be regarded at......usly as may be Practicable. The order of stay granted earlier by this Court shall stand vacated. Communicate the order at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 317. ..

Category: Criminal Law | Date: | Hits: 86

Khalil @ Khalilur Rahman and others Vs. State, 2008, 37 CLC (HCD)

....godown and found that the door of the godown No.3 was broken and that the dacoits took away 122 bags of rice from the godown and the price of the looted goods is about Taka 1,10,678.40. It is further stated that after completing dacoity, the dacoits went to Saraigachhi road and thereafter, guard and......tion and sentence is affirmed and he will get benefit of section 35A of the Code of Criminal Procedure. Send down the LCR at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 309. ..

Category: Criminal Law | Date: | Hits: 116

Atahar and others Vs. State, 2007, 36 CLC (HCD)

....legation of theft of Irri paddy and started beating them mercilessly at which they raised hue and cry whereupon witness Ajai, Ansar and Fazlur Rahman came to the house of the informant. It is further stated that the informant along with his sons, relations, Hashem member and Habibur Rahman came to t......ny other case and accused appellants Mutahar and Sohrab be discharged from their respective bail bond. Send down the LCR at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 302. ..

Category: Criminal Law | Date: | Hits: 66

Human Rights and Peace for Bangladesh (HRPB) and others Vs. Government of Bangladesh and others, 2009, 38 CLC (HCD)

....are likely to lose their life and equal number of people is likely to be maimed in the absence of adequate rescue equipments at the dis­posal of Fire Service and Civil Defence. The first duty of the state is to save the life of its citizens. Even after publication of distressing news items about th...... to the office of the Prime Minister and the Ministry of Disaster Management by a special messenger of this Court as soon as possible. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 71. ..

Category: Constitutional Law | Date: | Hits: 211

Momena Khatun and oth­ers Vs. Hussain Fabrics Ltd. and others, 2010, 39 CLC (HCD)

....e dated 19-6-2007 passed by the learned Joint District Judge, Arbitration Adalat, Dhaka dismissing Title Suit No.102 of 2004 for Specific Performance of Contract. 2. Appellants who are plaintiffs, stated in the plaint, that RAJUK plot No.12, Factory Road, Shyarnpur Kadamtali Industrial Area, allo......n and there was a family quarrel over this matter and at one stage, the younger broth­er of defendant No.2 shot the wife of defendant No.2 and killed her on the spot. While Kazi Golam Hussain was in affairs with Mansur Rahman, to grab the property of these defendants, managed to obtain a deed of ag..

Category: Property Law | Date: | Hits: 78

Ruhul Amin Kha Vs. State, 2004, 33 CLC (HCD)

.... in the case was completed he left for training on 8‑2­-2003, Subsequently, Mr. Salim, Officer-in-Charge of Muladi PS held the investigation and examined as many as 14 witnesses and recorded their statements under section 161 CrPC and on completion of the investigation a prima facie case having b......appellant Ruhul Amin kha, son of late Amir Hossain Kha of village Lakshmipur, PS Muladi, District Barisal is hereby discharged from the case. Ed. This Case is also Reported in: 56 DLR (2004) 632...

Category: Criminal Law | Date: | Hits: 64

Zahidul Hasan (Md) and others Vs. State, 2004, 33 CLC (HCD)

....d 2‑9‑2003 under section 25B of the Special Powers Act, 1974 now pending in the Court of Magistrate, 1st Class, Cognizance Court No. 1, Sylhet should not be quashed. 2. The prosecution case as stated in the first information report is that one, SI Maiharul Haque, Detective Branch, Sylhet on 2......ed. The Deputy Commissioner, Sylhet is directed to make arrangement to return the money. Communicate the order to the Courts below at once. Ed. This Case is also Reported in: 56 DLR (2004) 630. ..

Category: Criminal Law | Date: | Hits: 70

Tareq Shamsul Khan alias Himu & others Vs. State, 2004, 33 CLC (HCD)

....na PS Case No. 35(2) 2001 is a counter-case to the case which has been challenged in this proceeding and after‑thought of the accused of Motijheel PS Case No. 39(2) 2001. So, it is not befitting to state that the present case is independent to that of Motijheel PS Case No. 39(2) 2001‑ the procee...... ‑Criminal Procedure, is set aside. Send a copy of this judgment to the Tribunal concerned at once for information and necessary action. Ed. This Case is also Reported in: 56 DLR (2004) 622...

Category: Criminal Law | Date: | Hits: 71

Tofael Ahmed Vs. State, 2002, 31 CLC (HCD)

....he light of observation made in the judgment dated 16‑1‑1994 by the appellate Court in Criminal Appeal No. 32/89. Record be sent down. Ed. This Case is also Reported in: 56 DLR (2004) 614.......he light of observation made in the judgment dated 16‑1‑1994 by the appellate Court in Criminal Appeal No. 32/89. Record be sent down. Ed. This Case is also Reported in: 56 DLR (2004) 614...

Category: Procedural Law | Date: | Hits: 73

Asmatunnessa Khatun Vs. Bangladesh, 2004, 33 CLC (HCD)

....btor for satisfaction of decreed amount. In support, he cited Munshi Kali Sankar Sahay and others Vs. Moharajah Protap Udai Nath Saha, (1912) 16 IC 708. 5. The record of the case discloses a sorry state of affairs the courts come across in dealing with the properties of citizens by the state func......satisfaction of decreed amount. In support, he cited Munshi Kali Sankar Sahay and others Vs. Moharajah Protap Udai Nath Saha, (1912) 16 IC 708. 5. The record of the case discloses a sorry state of affairs the courts come across in dealing with the properties of citizens by the state functionaries..

Category: Procedural Law | Date: | Hits: 54

Abdus Sattar alias Taku Sattar Vs. State, 2010, 39 CLC (HCD)

.... charge brought against him. Hence, the impugned Judgment is liable to be quashed and the accused be acquitted. 10. Ms. Yeasmin Begum Bithi, the learned Assistant Attorney-General representing the state submits that there are adequate, cogent and reliable evidence on record based on which the imp......ess his detention is required in connection with any other case. Send down the Lower Court Records. Communicate the order at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 298. ..

Category: Criminal Law | Date: | Hits: 65

BIVAC International SA and another Vs. National Board of Revenue and others, 2010, 39 CLC (HCD)

....eafter the petitioners were informed by the Government of Bangladesh by its letter dated 19-6-2008 that it has been short-listed for sending request for Proposal (RFP) (Annexure-C). 8. It has been stated that the said request for proposal clearly intended the petitioners to provide consultancy se......he contract price." 39. On a close reading of all these definitions and provisions we get a clear picture that the services rendered by the PSI Agencies primarily and inevitably connected with the affairs of survey. (Underlined by us) 40. In the decision of NBR Chairman Vs. Intertex Testing Se..

Category: Fiscal/Taxation Law | Date: | Hits: 152

Abdus Salam Laskar Vs. Bangladesh and others, 2012, 41 CLC (HCD)

....j for declaration of title over 19.25 acres of land as described in the schedule of the plaint. His case, in brief, is that the suit land originally belonged to defendant No.5 Dewan Nasrat Reza Waqf Estate. His (plaintiff’s) father Taiyab Laskar took settlement of the suit land on 5th Bhadra, 1349...... result, the Rule is discharged. The order of status quo passed earlier at the time of issuance of the Rule is vacated. Communicate a copy of the judgment. Ed. This Case is also Reported in: ..

Category: Property Law | Date: | Hits: 78

A. M. Anwarul Haque Vs. State, 2011, 40 CLC (HCD)

....een rightly convicted and sentenced. 9. For better appreciation of fact, let us examine the evidence. P.W.1 Md. Zakir Hossain, the informant and the then District Anti-corruption Officer, Habiganj stated that before lodging the ejahar, there was a preliminary inquiry. The Officer-in-charge of the...... set aside. The appellant is released from his bail bond. Send down the lower Court’s records with a copy of this judgment. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ..

Category: Criminal Law | Date: | Hits: 61

Abdul Jalil alias Jalil Mia Vs. State, 2011, 40 CLC (HCD)

....igation submitted charge sheet on 30.4.1984 against the appellant and six others under sections 364 and 302 of the Penal Code. In course of investigation the police arrested the appellant and he made statement under section 164 of the Code of Criminal Procedure before the Magistrate of first class, ......n the impugned judgment and order of conviction and sentence.Accordingly, the appeal is dismissed. Send down the lower Court records. Naima Haider J.- I agree. This Case is also Reported in: ..

Category: Criminal Law | Date: | Hits: 74

Afruj Miah Vs. Jira Miah and another, 2011, 40 CLC (HCD)

....d schedule. He further amended that the remaining 43 decimals of land in the 2nd schedule was transferred earlier to one Siddique Ali. Opposite Party No.1 as second party appeared and filed a written statement denying the possession of first party-petitioner over the case land. His specific case was......sult, the Rule is discharged. The stay granted at the time of issuance of the Rule is vacated. Communicate a copy of the judgment. Md. Rais Uddin J. - I agree. This case is also Reported in: ..

Category: Property Law | Date: | Hits: 53

AKM Waliullah and others Vs. Secretary, Ministry of Housing and Public Works and others, 2011, 40 CLC (HCD)

....f the suit property was finally decided up to the Appellate Division. 8. Against the said application for rejection of the plaint, the plaintiffs filed a written objection on the facts and grounds stated therein. 9. Learned Joint District Judge heard the application and allowed the same by his....... The connected Civil Rule is also discharged and the stay granted therein is vacated. Send down the lower Court’s record. Faruque Ahmed J.- I agree. Ed. This Case is also Reported in: ..

Category: Property Law | Date: | Hits: 78

State Vs. Md. Faisal Alam Ansari and others, 2008, 37 CLC (AD)

....held that it is only the case of the appellants regarding whom the learned Judges hearing the appeal disagree, which need be referred to a third Judge and not the whole case. Collister, J. went on to state as follows:-“We have no doubt in our mind that this is the proper view to take of s.429, Cri......as stated above and the Jail Appeal is accordingly disposed of. Send down the lower Court records along with a copy of this judgment at once. Ed. This Case is also Reported in: ..

Category: Criminal Law | Date: | Hits: 94

Abdul Mannan Bhuiyan Vs. State, 2010, 39 CLC (AD)

....usband with sharp cutting weapon and looted away cash and valuables. At the time of the retreat of the dacoits the villagers apprehended one dacoit namely Anu Mia and on the basis of his confessional statement, the villagers apprehended Abu Yousuf and Gias Uddin. On interrogation of the said accused......t Division, in the premises, are perfectly justified in maintaining the conviction and sentence of the appellant. The appeal is therefore dismissed.  Ed. This Case is also Reported in: ..

Category: Criminal Law | Date: | Hits: 100