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Faruq (Md) Vs. State, 2006, 35 CLC (HCD)
....osecution case of recovery of arms and ammunition from BR Hall and the finding of the trial Court on the point of exclusive possession and control of the said arms and ammunition by the appellant was legal which cannot be interfered by this Court. Moreover, as he submits, the independent seizure lis......at liberty forthwith if he is not wanted in connection with any other case. Send down the lower Court records expeditiously. Ed. This Case is also Reported in: 59 DLR (2007) 104. ..Category: Criminal Law | Date: | Hits: 27
Nurjahan Begum Vs. Nur Rahman and Others, 2006, 35 CLC (HCD)
.... evidence on record correctly passed the judgment and decree; that the learned Courts below did not misread, misinterpret and misconstrue the evidence and that the learned Courts below committed no illegality or material irregularity in passing the impugned judgment warranting any interference by th......nd obtained the present Rule. 13. Mr. Rabi Shanker Chakraborty on behalf of Mr. MA Latif Prodhan for the petitioner, submits that both the Courts below have committed an error of law in giving the status of an unregistered deed of gift dated 19-6-1948 into the status of a registered deed simply b..Category: Property Law | Date: | Hits: 49
State Vs. Md. Roushan Mondal @ Hashem , 2006, 35 CLC (HCD)
....denied any knowledge as to whether the confession was retracted on 20-1-2000. 15. On the basis of the above evidence as well as upon consideration of the confessional statement and the patently illegal consideration of the statements of witnesses recorded under section 161 of the Code, the lea...... Rights (ICCPR) 1966. "Article 2. (a) Accused persons shall, save in exceptional circumstances, be segregated from convicted persons and shall be subject to separate treatment appropriate to their status as unconvicted persons; (b) Accused juvenile persons shall be separated from adults and ..Category: Criminal Law | Date: | Hits: 167
Anhar Ahamed Chowdhury and another Vs. Md. Shamsuzzaman and others, 2006, 35 CLC (HCD)
....onfirmed about the sanction of loan by the IFIC Bank Ltd., the plaintiff tried to secure the "Deed of tripartite agreement/sale deed" but in vain. Finding no other alternative, the plaintiff served a legal notice upon the defendants requesting them to execute and register sale deed but with no effec......eedings of Title Execution Case No. 3 of 2003 granted earlier is recalled and stands vacated. Send down the lower Court's record at once. Ed. This Case is also Reported in: 59 DLR (2007) 66. ..Category: Business or Commercial Law | Date: | Hits: 208
....নার্স-৩/২০০০/২০০১/২০০৩/১৮১৮ তারিখ ২০/৯/০৩ (Annexure C) should not be declared to have been passed without lawful authority and is of no legal effect.
2. The short facts of the petitioner's case are, that they were regular students of......e said examination for the next consecutive three years is hereby declared to have been passed illegally and without any lawful authority.
Ed.
This Case is also Reported in: 59 DLR (2007) 58.
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Category: Others | Date: | Hits: 72
Siddiqur Rahman Vs. Chairman, Divisional Labour Court and others, 2006, 35 CLC (HCD)
.... to why the decision and order of the Chairman of the Labour Court, Khulna passed in Case No, C9 of 1997 (Annexure-A) should not be declared to have been made without lawful authority and to be of no legal effect and/or such other or further order or orders passed as to this Court may seem fit and p......expeditiously in accordance with law. Send down the Lower Court Records and a copy of the judgment and order immediately. Ed. This Case is also Reported in: 59 DLR (2007) 49. ..Category: Labour and Industrial Law | Date: | Hits: 108
Afzal Khan (Md) Vs. Md. Azmal Khan and others, 2006, 35 CLC (HCD)
....r, submits that the impugned order dated 20-7-2003 is a non speaking order and the learned trial Court without assigning any reason whatsoever allowed the application in a summary manner which is illegal and beyond the scope of law. The learned Advocate, referring to written statement, additional ......ed to proceed with the trial of the suit as expeditiously as possible. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 59 DLR (2007) 43. ..Category: Property Law | Date: | Hits: 42
....sed by the respondent No. 1, the learned Additional District Judge, 1st Court, Dhaka in Artha Rin Appeal No. 1 of 2003 should not be declared to have been passed without lawful authority and is of no legal effect and why the respondent No. 1 should not be directed to accept the account payee cheque ...... as amicus curiae.
Let a copy of this judgment and order be sent to the Court concerned for information and necessary action.
Ed.
This Case is also Reported in: 59 DLR (2007) 37.
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Category: Civil Law | Date: | Hits: 90
Shaheen (Md) and ors. Vs. State, 2006, 35 CLC (HCD)
....erefore he prays for allowing the appeal. 12. Mr. Belayet Hossain, the learned Advocate appearing for appellant in Criminal Appeal No. 3854 of 2003 supports the appeal and submits that there is no legal evidence against the appellant and the victims who were the only witnesses did not implicate t......ation made above. Send down the lower Court's records at once with a copy of the judgment for information and for taking necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 23. ..Category: Criminal Law | Date: | Hits: 33
Gour Chandra Pal Vs. State, 2006, 35 CLC (HCD)
....r. Karim submits that there being no evidence of throwing acid or corrosive substance on the person of victim Beauty (PW 12) by the accused appellant but the learned Judge of the Bishes Adalat most illegally, relying on the perfunctory confessional statement of this appellant, passed the impugned Ju......long with LC record be sent to the Nari-o-Shishu Nirjatan Daman Bishes Adalat, Narail immediately for information and necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 17. ..Category: Criminal Law | Date: | Hits: 45
Abul Kashem Vs. State, 2005, 34 CLC (HCD)
....hamim Ara Dora, the learned Assistant Attorney-General for the State, submits that the judgment and order dated 13-3-2003 passed by the learned Metropolitan Additional Sessions Judge, Court No. 2, is legal and he rightly dismissed the appeal affirming the judgment and order dated 10-10-1999 passed b......re from. The accused Alhaj Abul Hashem, who is currently on bail, is discharged from his bail bond. Send down the LCR at once. Ed. This Case is also Reported in: 59 DLR (2007) 1. ..Category: Criminal Law | Date: | Hits: 41
Giasuddin Ahmed Vs. Green Delta Insurance Company Limited and another, 1995, 24 CLC (HCD)
....d a 3 members committee with the following terms of reference: 1. To ascertain the extent of liability of Mr. Sarqum Ali with Mr. Giasuddin Ahmed in respect of these shares. 2. To determine the legality of the instrument submitted by Mr. Giasuddin Ahmed for transfer of shares in his favour. ......this transfer will have immediate and far reaching consequences on the image and reputation of the company in the market and in the country and will affect its business. By refusing this transfer the status of the company as a public limited company is nullified and negated. In the past, thousands o..Category: Company Law | Date: | Hits: 181
Mahmud Hussain Vs. Sayeb Ali & ors., 1988, 17 CLC (HCD)
.... in 38 DLR(HC) 262. I do find nothing to interfere with the impugned order. Hence the rule is discharged without any order as to costs. Ed. This Case is also Reported in: 41 DLR (1989) 44. ......tention to the amendment of section 29 of the Ordinance 51 of 1983 by Ordinance No. 44 of 1984 dated 9th July, 1984. He has submitted that this amendment has brought about a fundamental change in the status of the Election Tribunal. Apart from this he has submitted that there are indications enoug..Category: Election Law | Date: | Hits: 100
Monowara Begum Vs. Secretary, Ministry of Home Affairs, 1988, 17 CLC (HCD)
....t of Bangladesh and four others to show cause why the detenu Gafur Mohammad Ibrahim should not be directed to be released from custody and set at liberty on the ground that he is being detained illegally. 2. It appears that Mr. Lasker Abu Kalam, Additional District Magistrate, Dhaka passed ......et aside. We direct that the detenu Gafur Mohammad Ibrahim be released and set at liberty at once, if not wanted in any other connection. Ed. This Case is also Reported in: 41 DLR (1989) 35...Category: Criminal Law | Date: | Hits: 29
Ishaque Hossain Chowdhury Vs. Mrs. Shamsun Nessa Begum & ors., 1988, 17 CLC (HCD)
....owledge of all. While she was in such possession she came to know on 11-12-85 that the suit land had been recorded as a vested property in Vested Property Case No. 16/81 and has been leased out illegally as vested property. It was illegal and the Vested Property Authority namely, defendant Nos. ......he suit and pass judgment in accordance with law as it may deem fit and proper. Communicate this order to the court below at an early date. Ed. This Case is also Reported in: 41 DLR (1989) 22...Category: Property Law | Date: | Hits: 39
State Vs. Badshah Mollah, 1988, 17 CLC (HCD)
....ional Sessions Judge on proper appreciation of the facts and circumstances of the case and the evidence on record along with the extra-judicial confession and the circumstantial evidence and no illegality has been committed by him in passing the impugned order of conviction and sentence which sh......ion Bench of the High Court of the then East Pakistan that "without independent evidence of corroboration it is not possible to accept the extra-judicial confessions as true beyond all dispute. The status of persons to whom confessions were made is not any guarantee of their truth". So, upon a car..Category: Criminal Law | Date: | Hits: 42
Shamsul Alam and others Vs. A.F.R. Hassan and others, 1985, 14 CLC (HCD)
....rd shows that at the advanced stage of the construction of the vessels the project was gagged by the BSRS through willful recall of the loan advanced by first and second instalment but the BSRS had a legal obligation to carry forward the project by paying the third instalment.lt has been alleged tha......is liable to be quashed. Accordingly, the rules are made absolute and the impugned proceeding is quashed. Abdul Bari Sarker J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 46...Category: Criminal Law | Date: | Hits: 67
Ala Meah, being dead his heirs are Syed Ali & ors. Vs. Ali Ahmed, 1986, 15 CLC (HCD)
.... Ltd., 20, Cal. WN 254 (AIR 1916 Cal 367)." It has already been seen that the learned Subordinate Judge has come to a clear finding as to the payment of consideration under the kabala on the basis of legal evidence of a conclusive real character. Moreover the transferee has the custody of the docume......e Judge for fresh disposal of the appeal in the light of the observations made herein above. In the circumstances I make no order as to costs. Ed. This Case is also Reported in: 40 DLR (1988) 26...Category: Property Law | Date: | Hits: 29
Abdul Khalek Khan Vs. Government of Bangladesh, 1986, 15 CLC (HCD)
....had neither title nor possession in the suit land; that the suit was not also properly valued and the plaint was not sufficiently stamped; that appellant who was a Govt. servant was not also a person legally entitled to get settlement of the Government khas land; that the appellant also failed to pe......Additional District Judge dismissing the suit is maintained. In the facts and circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 40 DLR (1988) 21...Category: Property Law | Date: | Hits: 36
Iftekhar Ahmed Majumder Vs. Bangladesh and others, 1987, 16 CLC (HCD)
....n Khan J.- By an application under section 491 of the Code of Criminal Procedure the petitioner has challenged the detention of his elder brother Daulat Ahmed upon the ground that the detention was illegal, unauthorised and in violation of the mandatory provision of the Special Powers Act and has so...... copy of this order be communicated to the District Magistrate, Comilla and Superintendent of Comilla Jail. Syed Fazle Ahmed J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 18...Category: Criminal Law | Date: | Hits: 40
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