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Sontai Miah Vs. State, 2011, 40 CLC (HCD)
....at on 18.09.1996 at about 7.30 a.m. one Matasir Ali son of late Abdul Salam of Turukbag, Gowainghat, Sylhet lodged a verbal FIR with the Gowainghat Police Station against the appellant and other five persons including the deceased Samsher Ali alias Temnai stating inter alia that the night following ...... directed to set at liberty at once if not wanted in connection with any other case. Send down the L.C. records at once. AKM Zahirul Haque, J.- I agree. Ed. This Case is also Reported in: ......ed in connection with any other case. Send down the L.C. records at once. AKM Zahirul Haque, J.- I agree. Ed. This Case is also Reported in: ...... directed to set at liberty at once if not wanted in connection with any other case. Send down the L.C. records at once. AKM Zahirul Haque, J.- I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 50
Mir Mahbubur Rahman Vs. State, 2011, 40 CLC (HCD)
....vocate of both the sides and perused the L.C. Records and the impugned judgment. 13. It appears from the FIR that for killing the brother of the informant an FIR was lodged against unknown accused persons. 14. In this case the prosecution could not produce any eye witness of the occurance but ......d to set at liberty at once if not been wanted in connection with any other case. Send down the L.C. records at once. AKM Zahirul Haque, J. I agree. Ed. This Case is also Reported in: ......in connection with any other case. Send down the L.C. records at once. AKM Zahirul Haque, J. I agree. Ed. This Case is also Reported in: ......d to set at liberty at once if not been wanted in connection with any other case. Send down the L.C. records at once. AKM Zahirul Haque, J. I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 52
Biplob Chandra Das and another Vs. Biren Chandra Das and others, 2000, 29 CLC (HCD)
....effected. The plaintiffs also claimed that the possession of the suit land was delivered to them. It is also stated that the huts of the defendants father, said Gouranga Chandra Das was sold to other persons after the oral agreement was entered into, but it is not clear from the evidence to whom the......de absolute. The judgment and decree of the appellate Court is set aside and those of the trial Court are restored. The suit is dismissed. Ed. This Case is also Reported in: 52 DLR (2000) 586. ......med J Biplob Chandra Das and another….………..Petitioners Vs. Biren Chandra Das and others ………….Opposite Parties Judgment July 31, 2000. Cases Referred To- Moslemuddin (Md.) and others Vs. Md. Johab Ali and another, 50 DLR (AD) 13; HN Fabrics Ltd. Vs. Mallick Texti......de absolute. The judgment and decree of the appellate Court is set aside and those of the trial Court are restored. The suit is dismissed. Ed. This Case is also Reported in: 52 DLR (2000) 586. ..Category: Property Law | Date: | Hits: 108
Abul Kalam Azad (Md.) and 2 others Vs. State and others, 2000, 29 CLC (HCD)
....ed the facts in detail and also clearly stated that the complainant on the basis of his purchase already got possession in the land. The learned Magistrate, however, framed charge against the accused persons under sections 406, 420 and 109 of the Penal Code. Being aggrieved by that order, the accuse...... of Thana Magistrate Chirirbandar are set aside. Communicate the order to the Magistrate concerned for hearing the matter at early date. Ed. This Case is also Reported in: 52 DLR (2000) 583. ....... Communicate the order to the Magistrate concerned for hearing the matter at early date. Ed. This Case is also Reported in: 52 DLR (2000) 583. ...... of Thana Magistrate Chirirbandar are set aside. Communicate the order to the Magistrate concerned for hearing the matter at early date. Ed. This Case is also Reported in: 52 DLR (2000) 583. ..Category: Criminal Law | Date: | Hits: 67
Badal Kanti Mitra Vs. Secretary, Ministry of Fisheries and Live Stock, 1980, 9 CLC (AD)
....on an order of the High Court Division dated 28.5.80 in Writ Petition No.696 of 1978 refusing to interfere with an order of the Government in the Ministry of Fisheries and Live Stock appointing seven persons excluding the petitioner to certain posts. 2. The Ministry advertised in the News Paper i......ot no legal force. We do not find any illegality in the order of the High Court Division. In the result, the petition is dismissed. Ed. This Case is also Reported in: 18 BLT (AD) (2010) 265. ......, the petition is dismissed. Ed. This Case is also Reported in: 18 BLT (AD) (2010) 265. ......ot no legal force. We do not find any illegality in the order of the High Court Division. In the result, the petition is dismissed. Ed. This Case is also Reported in: 18 BLT (AD) (2010) 265. ..Category: Employment/Service Law | Date: | Hits: 126
State Vs. Md. Kaloo, 2003, 32 CLC (HCD)
.... crime to be proved it is not necessary at all that the crime must be seen to have been committed and must in all circumstances be proved by direct ocular evidence by examining before the court those persons who had witnessed its commission. 10. Prosecution case rested on circumstantial evidence.......ariat, Dhaka; c. Inspector General of Police, Dhaka and d. Superintendent of Police, Jessore. Lower Courts Record be sent down at once. Ed. This Case is also Reported in: 58 DLR (2006) 638.......e, Dhaka and d. Superintendent of Police, Jessore. Lower Courts Record be sent down at once. Ed. This Case is also Reported in: 58 DLR (2006) 638.......ariat, Dhaka; c. Inspector General of Police, Dhaka and d. Superintendent of Police, Jessore. Lower Courts Record be sent down at once. Ed. This Case is also Reported in: 58 DLR (2006) 638...Category: Criminal Law | Date: | Hits: 45
State Vs. Shaiokh Abdur Rahman and others, 2006, 35 CLC (HCD)
....4 of the Code of Criminal Procedure (shortly referred to as the Cr.P.C.) has been made by the learned Additional Sessions Judge, Jhalakati for confirmation of the sentence of death imposed upon seven persons in terms of the judgment and order dated 29-5-2006 passed in Sessions Case No.28 of 2006 for......n 2-5-2006) he again went to that house and came to know from Mehedi that all of them were members of an Islamic party and they were trying to establish Islamic Rule in the country. Thus PW 12 became interested in participating in the activities of that party. In the first part of last October (that......f 2006 is dismissed. Send down the LC records. Ed. This Case is also Reported in: 58 DLR (2006) 615. ......sions Judge, Jhalakati in Sessions Case No. 28 of 2006 is affirmed. The Jail Appeal No. 457 of 2006 is dismissed. Send down the LC records. Ed. This Case is also Reported in: 58 DLR (2006) 615. ..Category: Criminal Law | Date: | Hits: 224
Hiru Mia Vs. State, 2005, 34 CLC (HCD)
....ir seized those firearms and ammunition, khaki clothes and belts under a seizure list and obtained signatures of the witnesses, On further interrogation the jail appellant disclosed that a gang of 21 persons arrived in Sylhet for the purpose of commission of dacoity. He further disclosed that he was......ist witnesses were not examined by the prosecution, According to him, in absence of examination of the independent seizure list witnesses the prosecution case suffered a serious setback. Police being interested witnesses their evidence could not be relied upon unless corroborated by evidence of inde...... Send down the records of the Tribunal below along with a copy of the judgment expeditiously. Ed. This Case is also Reported in: 58 DLR (2006) 607.......l appellant's custody before the conviction. Send down the records of the Tribunal below along with a copy of the judgment expeditiously. Ed. This Case is also Reported in: 58 DLR (2006) 607...Category: Criminal Law | Date: | Hits: 63
Ibrahim (Md.) & others Vs. State, 2004, 33 CLC (HCD)
.... baffles us. It offends the conscience and pricks our judicial mind to see the extent of indignation of the learned Judge in dealing with a matter of such a magnitude involving life and death of some persons. 37. The learned Sessions Judge on consideration of the evidence of the PWs, particularly...... 41. Send down the lower court records expeditiously. Let a copy of this judgment be sent to the Superintendent, District Jail, Lakshmipur. Ed. This Case is also Reported in: 58 DLR (2006) 598. ......iously. Let a copy of this judgment be sent to the Superintendent, District Jail, Lakshmipur. Ed. This Case is also Reported in: 58 DLR (2006) 598. ...... 41. Send down the lower court records expeditiously. Let a copy of this judgment be sent to the Superintendent, District Jail, Lakshmipur. Ed. This Case is also Reported in: 58 DLR (2006) 598. ..Category: Criminal Law | Date: | Hits: 91
Nurul Haque Sarker Vs. Janata Bank and others, 2006, 35 CLC (HCD)
....nd law arise between the parties in two suits (v) on the ground of balance of convenience e.g. where the property is situated or parties reside; or the account books are kept, etc. (vi) Where two persons have filed suits against each other in different Courts on the same cause of action (vii......the mind of the litigant that he might not get justice in the Court, in which the suit is pending, (ii) To avoid multiplicity of proceedings or conflicting decisions, (iii) Where the judge is interested in one party or biased against the other (iv) Where common questions of fact and law ......Advocates—For the Opposite Parties. Civil Revision No. 20 of 2006. Judgment Siddiqur Rahman Miah J. - This revisional application under section 115(4) of the Code of Civil Procedure at the instance of the plaintiff opposite party is directed against the judgment and order dated 27-11-2005...... is set aside and the learned Joint District Judge, First Court; Narayanganj is directed to proceed with the suit in accordance with law. Ed. This Case is also Reported in: 58 DLR (2006) 589. ..Category: Civil Law | Date: | Hits: 92
Abdul Aziz (Md.) Vs. Sonia Pervin Liza (Minor), 2006, 35 CLC (HCD)
....f- opposite party within 3(three) months from the date failing which the same will be realized according to law. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 583. ......f- opposite party within 3(three) months from the date failing which the same will be realized according to law. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 583. ......on (Civil Revisional Jurisdiction) Present: Siddiqur Rahman Miah J Syed Md. Ziaul Karim J Abdul Aziz (Md.)………………………………………...Petitioner Vs. Sonia Pervin Liza (Minor) ……………………………Opposite Party. Judgment July 9, 2006. Cas......above Masala that both the female and male children will be entitled to get maintenance till the attainment of puberty. So, Sonia Pervin Liza is not entitled to get maintenance till completion of her education. 30. Mr. Arun Kumar Bhattacharaya, the learned Advocate for the opposite party, submits..Category: Family Law | Date: | Hits: 214
State Vs. Shahidul Islam alias Shahid and others, 2006, 35 CLC (HCD)
....at one of the servants being condemned-prisoner Shahidul Islam alias Shahid (shortly referred to as Shahid) was found absent from the house after the occurrence and that Shahid and other unidentified persons might have committed the rape and murder. During investigation of this case, Shahid, co-accu......knowledge of PWs 3, 4, 5 and 12, and entitlement of the condemned-prisoners to the benefit of doubt. (k) Non production of 52 witnesses cited in the charge-sheet, and trial Court's reliance on the interested witnesses related to the family. 77. As against the aforesaid principal points of argu......iberty at once if not wanted in connection with any other case. Send down the LC records. Ed. This Case is also Reported in: 58 DLR (2006) 545. ...... Condemned prisoner Shaniram is to be set at liberty at once if not wanted in connection with any other case. Send down the LC records. Ed. This Case is also Reported in: 58 DLR (2006) 545. ..Category: Criminal Law | Date: | Hits: 70
Kazi Md. Shafiqur Rahman Vs. Bangladesh and others, 2005, 34 CLC (HCD)
....t Union. Mr. Monowar Hossain was acting as the Nikah Registrar for the said Union along with five other unions at the relevant time. The application for appointment was recommended by the respectable persons of the locality and the government eventually gave approval to his appointment as Nikah Regi......Bichar-6/2N- 35/76 dated 25-4-2001 is declared to have been made without lawful authority and is of no legal effect. No order as to cost. Ed. This Case is also Reported in: 58 DLR (2006) 534....... been made without lawful authority and is of no legal effect. No order as to cost. Ed. This Case is also Reported in: 58 DLR (2006) 534.......Bichar-6/2N- 35/76 dated 25-4-2001 is declared to have been made without lawful authority and is of no legal effect. No order as to cost. Ed. This Case is also Reported in: 58 DLR (2006) 534...Category: Employment/Service Law | Date: | Hits: 81
Mofazzal Hossain alias Mofa and others Vs. State, 2004, 33 CLC (HCD)
....hem. The accused Mozahar, Mofa, Dulahar and Hobi assaulted her husband. She recognised them by the light of hurricane but could not recognise the other accused that were standing outside. The accused persons took different household articles and committed dacoity for a period of 10-30 minutes. After......respective bail bonds. Send down the lower Court's records at once with a copy of the judgment for information and taking necessary action. Ed. This Case is also Reported in: 58 DLR (2006) 524. ......rt's records at once with a copy of the judgment for information and taking necessary action. Ed. This Case is also Reported in: 58 DLR (2006) 524. ......respective bail bonds. Send down the lower Court's records at once with a copy of the judgment for information and taking necessary action. Ed. This Case is also Reported in: 58 DLR (2006) 524. ..Category: Criminal Law | Date: | Hits: 52
Md. Nasrullah Chowdhury Vs. Mohammad Nurul Islam and others, 2010, 39 CLC (AD)
....on pressure on 18.05.2005 in the CID office engaged a lawyer and submitted a solenama in the court and also submitted another application for withdrawal of the written statement. On 24.05.2005 some persons introducing them as CID police took signature of the defendant No.1 in some papers showing f......it after deciding whether or not there was any consent of the parties to compromise the dispute. Accordingly the petition is disposed of. Ed. This Case is also Reported in: VIII ADC (2011) 91.......rdingly the petition is disposed of. Ed. This Case is also Reported in: VIII ADC (2011) 91.......it after deciding whether or not there was any consent of the parties to compromise the dispute. Accordingly the petition is disposed of. Ed. This Case is also Reported in: VIII ADC (2011) 91...Category: Property Law | Date: | Hits: 65
....at page 2 of the said document under the column executant an illegible initial shown to have been put by someone whose name and address was not stated though the signatures without any address of two persons were shown to have been put as the attesting witnesses. Registration number of the Power of ...... In the result, the Rule is discharged without any order as to costs and the order of stay granted earlier by this Court is hereby vacated.
Ed.
This Case is also Reported in: 58 DLR (2006) 517.
......er as to costs and the order of stay granted earlier by this Court is hereby vacated.
Ed.
This Case is also Reported in: 58 DLR (2006) 517.
...... In the result, the Rule is discharged without any order as to costs and the order of stay granted earlier by this Court is hereby vacated.
Ed.
This Case is also Reported in: 58 DLR (2006) 517.
..
Category: Business or Commercial Law | Date: | Hits: 251
Huang Chia Hsiang Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)
....of the petitioner also sought adjournment and a Police Officer of Patenga Police Station sought permission to examine the seized vessel and Thai bath. It appears that on 6-12-2000, one of the accused persons, Domingo, claimed himself to be conversant in English and made statements before the Court s......the conduct of the respondents is mala fide in view of their inaction over the representation of the petitioner that while the representation was very much pending before the respondent-Government an interested quarter in the concerned Ministry was hurriedly proceeding with the auction sale of the v......e of no legal effect. The order of stay granted earlier by this Court stands vacated. Ed. This Case is also Reported in: 58 DLR (2006) 503. ......ed to have been made without lawful authority and to be of no legal effect. The order of stay granted earlier by this Court stands vacated. Ed. This Case is also Reported in: 58 DLR (2006) 503. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 221
Abul Khair and others Vs. State, 2006, 35 CLC (HCD)
....me and style Tenico Industries Limited and illegally opened a CC Account No. 2 in the name of aforesaid Tenico Industries Limited Later on, accused-appellant Abul Khair with the help of other accused persons misappropriated Taka 10,00,000 vide cheque No. 050672 dated 2-7-1985. Taka 10,00,000 vide ch......he date of receipt of this judgment and order by the trial Court. Send down the lower Court records expeditiously. Ed. This Case is also Reported in: 58 DLR (2006) 500, 26 BLD (HCD) (2006) 467. ......by the trial Court. Send down the lower Court records expeditiously. Ed. This Case is also Reported in: 58 DLR (2006) 500, 26 BLD (HCD) (2006) 467. ......he date of receipt of this judgment and order by the trial Court. Send down the lower Court records expeditiously. Ed. This Case is also Reported in: 58 DLR (2006) 500, 26 BLD (HCD) (2006) 467. ..Category: Criminal Law | Date: | Hits: 53
Shawkat Ali (Md.) and others Vs. Divisional Forest Officer and others, 2006, 35 CLC (HCD)
....o the whole territory of the Republic in respect of establishment or operation of saw-mills in the greater interest of the nation. Rule 8 provides reasonable restriction on the rights of the citizens/persons to preserve the forest resources of the country. The provisions of Rule 8(1) imposing restri......r or channels of the Sylhet District. It is stated that because of manifold uses of forest produce and timbers, peoples of neighbouring village of the Reserve Forest and border areas became very much interested to establish saw-mills. But the quantity of forest produces in Sylhet Division is so meag......and vacated. Communicate copies of the judgment at once to the concerned authorities. Ed. This Case is also Reported in: 58 DLR (2006) 487. ...... The orders of stay granted earlier by this Court stand vacated. Communicate copies of the judgment at once to the concerned authorities. Ed. This Case is also Reported in: 58 DLR (2006) 487. ..Category: Environmental Law | Date: | Hits: 551
Ashique Jeans Apparels Ltd and another Vs. National Board of Revenue and another, 2005, 34 CLC (HCD)
.... section 46 is to encourage more new undertakings to be established. However, there will be no order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 478, 26 BLD (HCD) (2006) 324. ......ut assigning any reason whatsoever of its own. Again, the impugned order dated 21-12-2000 appears to be confusing. Furthermore, the order of the review committee, in about 8 lines, appears to be more interested in other things which has no reflection about the finding of the authority, rather it sim......e established. However, there will be no order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 478, 26 BLD (HCD) (2006) 324. ...... section 46 is to encourage more new undertakings to be established. However, there will be no order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 478, 26 BLD (HCD) (2006) 324. ..Category: Fiscal/Taxation Law | Date: | Hits: 93
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