Search Options
Judgment Advanced Search
Category: Environmental Law | Date: | Hits: 731
Sobhan Munshi Vs. State and another, 2010, 39 CLC (HCD)
....nment from twenty five years to ten years. The sentence awarded against the convict-petitioner under Section 19(f) of the Arms Act is maintained. Both the sentences shall run concurrently. 10. The total period of custody of the convict-petitioner prior to his conviction in connection with this ca...... with this case shall be deducted from the period of his sentence as per provisions of Section 35A of the Code of Criminal Procedure. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 37. ...... with this case shall be deducted from the period of his sentence as per provisions of Section 35A of the Code of Criminal Procedure. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 37. ..Category: Criminal Law | Date: | Hits: 81
State Vs. Delwar Hossain & others, 2011, 40 CLC (HCD)
....rds to the above facts and circumstances the death reference is rejected with the modification of sentence of Delowar Hossain as the record goes to show that the previous record of Delowar Hossain is totally nil and he is a man of young age of only 28 years at the time of examination under section...... of Md. Abdul Ali Vs. State, reported in 20 BLD 327 = 6 BLC. 26. In the reported 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 a......an be placed on such belated disclosure of the name of any accused. But there appears no such explanation from the side of prosecution. 52. In this regard we can also rely on some decisions of our jurisdiction. The Appellate Division in the case of Nowabul Alam Vs. State, reported in 15 BLD (AD) ..Category: Criminal Law | Date: | Hits: 158
Waseq Ullah & Others Vs. Rezia Khatun and Others, 2010, 39 CLC (HCD)
.... Srabon, 1267 BS the suit land along with other lands of previous khatian No.31 was given in possession of Goura Chandra i.e. 0.42 acres of land of dag No.513 and 0.24 acres of land of dag No.514, in total, 4.61 acres of land, i.e. the land of ‘ka’ schedule to the suit land. In the plaint the la......rice? 6. Whether plaintiff erected homestead in the part of Ga schedule since 1952 AD and possession Ga schedule land and it was under care and custody of Gani Miah and Joynal Abedin since 1966 in absence of the plaintiff? 7. Whether the title of defendant Nos.5-22 extinguished or title of def......since his knowledge in 1979 AD, he has lost right of challenging proceedings of certificate case in question." On issue No.10, learned Judge inter alia on reference to the several decisions of Indian jurisdiction held that "so, in view of above principle the effect of section 66 is not to make benam..Category: Property Law | Date: | Hits: 83
Mohammad Ali Vs. Sukur Ali & others, 1985, 14 CLC (HCD)
.....C. The Additional Sessions Judge noticed the aforesaid facts in his order dated 12.9.84 and observed that the trial could not be completed within the stipulated period of 120 days plus 30 days and a total of 166 working days had already passed and accordingly ordered that the proceeding be stoppe......ite of the provisions of section 339C Cr.P.C. With the observations as above, this Rule is discharged. Latifur Rahman J.- I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 1. ......al of the accused in the interest of justice or at least make some observation as to the necessity of making further amendment in the law authorising the superior Court to interfere in its inherent jurisdiction in cases where heinous offences go unpunished because of the provisions of section 339C..Category: Procedural Law | Date: | Hits: 102
Daud Ali (Md.) and others Vs. State, 2003, 32 CLC (HCD)
....appellants Daud Ali and Rabi Biswas are directed to be set at liberty if not connected with any other case. Record be sent down. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 699. ......appellants Daud Ali and Rabi Biswas are directed to be set at liberty if not connected with any other case. Record be sent down. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 699. ......appellants Daud Ali and Rabi Biswas are directed to be set at liberty if not connected with any other case. Record be sent down. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 699. ..Category: Criminal Law | Date: | Hits: 93
Category: Fiscal/Taxation Law | Date: | Hits: 119
Category: Property Law | Date: | Hits: 82
Ruhul Amin Vs. State and another, 2007, 36 CLC (HCD)
....duced and given in evidence" occurring in section 195(1)(c) of the Code of 1898. While we agree with the interpretation given in that case on the quoted words, we find that the facts of that case are totally different, and hence the decision of that case is not applicable to the present case. 39....... by the learned Joint District Judge. Again clause (b) of section 195(1) does not contain the condition that the document is ''produced or given in evidence" as contained in clause (c). Obviously the absence of the expression "produced or given in evidence" in clause (b) is consistent with the expre......s whether the order dated 18.03.2004 passed by learned Joint District Judge under section 476 is lawful and proper in view of the provisions of sections 476 and 195(1) of the Code of 1898. 13. The jurisdiction exercisable by a Court under section 476 is in the following terms: "476. Procedure ..Category: Property Law | Date: | Hits: 122
Md. Abdul Latif and others Vs. Mohammad Ali and others, 2008, 37 CLC (HCD)
....the Courts below stand maintained. Send down the lower Court records and a copy of the judgment and order to the Court concerned. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 132. ......the Courts below stand maintained. Send down the lower Court records and a copy of the judgment and order to the Court concerned. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 132. ...... a defendant as to the title of the plaintiff in any portion of the property in a Partition Suit would not convert a Partition Suit into a declaratory suit for title and a suit for possession, as the jurisdiction of a Civil Court in case of a Partition Suit could not be placed at the mercy of every ..Category: Procedural Law | Date: | Hits: 115
Zafar Ahmed Vs. Mir Iftekharuddin & another, 2009, 38 CLC (HCD)
....al Judge is directed to proceed with the case expeditiously. Send a copy of the judgment and order to the Court below immediately. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 732. ......al Judge is directed to proceed with the case expeditiously. Send a copy of the judgment and order to the Court below immediately. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 732. ......f the Code of Criminal Procedure and the learned Judge of the trial Court has passed the impugned order in the right direction and. as such, it does not call for our interference under the revisional jurisdiction. 10. In the result, the Rule is discharged. Stay order passed in connection with the..Category: Procedural Law | Date: | Hits: 128
Category: Administrative Law | Date: | Hits: 494
Ali Azam Saial and others Vs. Joynal Abedin Saial and others, 2009, 38 CLC (HCD)
....rlier by this Court stands vacated. Send down the lower Courts record and a copy of the judgment and order to the Court concerned. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 299. ......rlier by this Court stands vacated. Send down the lower Courts record and a copy of the judgment and order to the Court concerned. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 299. ......09. Result: The Rule is made absolute. The Registration Act, 1908 (Act No. XVI of 1908); sections 28 & 87 The document registered in a Sub-Registry office without having territorial jurisdiction is a nullity. The defect of jurisdiction is not merely of procedure and it is not cured..Category: Administrative Law | Date: | Hits: 452
Anwar Hossain (Md.) Vs. State, 2008, 37 CLC (HCD)
....ion and on its failure, it cannot fall back upon the evidence adduced by the accused in support of his defence to rest its case solely thereon. Proof of charge must depend upon judicial evaluation of totality of evidence, oral and circumstantial and not by an isolated scrutiny. Prosecution version i...... aged about 55 years. He is a member of a disciplinary force. He has a wife and children. It is not believable that he would abduct a girl of 15/16 years along with others for immoral purpose. In the absence of any direct evidence, the circumstantial evidence also leads us to hold that the prosecuti......anted in any other connection. Send down the lower Court records along with a copy of the judgment expeditiously. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 671. ..Category: Criminal Law | Date: | Hits: 74
Category: Property Law | Date: | Hits: 121
Sadek Hossain Khoka and others Vs. Election Commission for Bangladesh and others, 2008, 37 CLC (HCD)
....he Rules in Writ Petition Nos. 9125, 9126, 9336, 9459, 9428 and 9729 all of 2008 are discharged. There will be no order as to costs. Ed. This Case is also Reported in: 61 (DLR) (HCD) (2009) 10. ......he Rules in Writ Petition Nos. 9125, 9126, 9336, 9459, 9428 and 9729 all of 2008 are discharged. There will be no order as to costs. Ed. This Case is also Reported in: 61 (DLR) (HCD) (2009) 10. ......he Rules in Writ Petition Nos. 9125, 9126, 9336, 9459, 9428 and 9729 all of 2008 are discharged. There will be no order as to costs. Ed. This Case is also Reported in: 61 (DLR) (HCD) (2009) 10. ..Category: Constitutional Law | Date: | Hits: 466
Category: Others | Date: | Hits: 107
ATM Ali Reza Khan Vs. Bangladesh Election Commission and others, 1997, 26 CLC (HCD)
....The respondents are directed to register the petitioner as a voter and include his name in the Electoral Rolls in accordance with law. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 58. ......n that case it was observed that “In order to constitute residence a party must possess at least a sleeping apartment but that an uninterrupted abiding at such dwelling is not a requisite, and that absence, no matter how long if there be the liberty of returning at any time, and no abandonment of ......The respondents are directed to register the petitioner as a voter and include his name in the Electoral Rolls in accordance with law. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 58. ..Category: Constitutional Law | Date: | Hits: 386
Bangladesh Water Development Board Vs. MR. Sikder, 2003, 32 CLC (HCD)
....eous case No.207 of 1994 of the 3rd Court of Subordinate Judge, Dhaka stands allowed. Send down the lower Courts records at once. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 682. ......eous case No.207 of 1994 of the 3rd Court of Subordinate Judge, Dhaka stands allowed. Send down the lower Courts records at once. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 682. ......trator under section 9(b) of the Arbitration Act, 1940 is prima facie illegal and consequently, all actions taken by him in connection with the arbitration case must be held to be illegal and without jurisdiction and consequently of no legal consequence. Mr. Bhuiyan submits that section 9 of the Arb..Category: Alternative Dispute Resolution | Date: | Hits: 543
Ahmed Hossain alias Mohammad Hossain & others Vs. State, 2003, 32 CLC (HCD)
....f bail bond to the satisfaction of the Deputy Commissioner, Chittagong. The appeal is accordingly, disposed of without admission. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 680. ......f bail bond to the satisfaction of the Deputy Commissioner, Chittagong. The appeal is accordingly, disposed of without admission. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 680. ......e Jana Nirapatta (Bishesh Bidhan) Ain, 2000 as well as section 19(a) and (f) of the Arms Act. 2. The learned Advocate submits that the Tribunal under the Jana Nirapatta (Bishesh Bidhan) Ain has no jurisdiction to deal with the cases under section 19(a) and (f) of the Arms Act, which falls under t..Category: Criminal Law | Date: | Hits: 79