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Md. Abdul Hannan alias Khalil Vs. Sate and another, 2006, 35 CLC (HCD)

.... 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: 13 MLR (HCD) (2008) 291. ......,000/- in default to suffer rigorous imprisonment for 2(two) months more, with a direction to run both the sentences concurrently. 2. The prosecution case, in brief, is that victim, D.W.1 Nasima Begum, daughter of complainant P.W.1 Shahu Howlader, aged about 13 years, was a student of Class VI ......me Court High Court Division (Criminal) Present: AKM Fazlur Rahman J Sayed Mohammad Ziaul Karim J Md. Abdul Hannan alias Khalil………………………Appellant Vs. The Sate and another……………………...........Respondents Judgment Febru......not the substantive evidence. The evidence given by the doctor in the Court on oath is the substantive evidence…………………(23) Cases Referred to- Nazrul Islam Chowdhury Vs. The State, 19 BLD (AD) 18; Abdul Hakim Vs. The State, 45 DLR 352; M. Alam Chowdhury and 9 others Vs. The..

Category: Women and Children | Date: 7 Feb, 2006 | Hits: 78

Moju Bibi and others Vs. Abdul Aziz and others, 2006, 35 CLC (HCD)

.... order as to cost. The judgments and decrees of the courts below are upheld. The lower Courts record be sent down at once. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 639. ...... delivered pos­session of the suit land to him and that Suruj Mia had no son and he executed a registered a wasiatnama on 29-09-1975 in favour of his only daughter the defendant No.2 i.e. Josthna Begum in respect of the suit land and since then she had been possessing the suit land and the plain......an Bhuiyan J Moju Bibi and others……………………………………………….Petitioners Vs. Abdul Aziz and others……………………&helli...... evidence both oral and documentary in their true per­spectives and also misunderstood the munici­pal law that the mortgage could be redeemed within 60 years of refusal and section 95A of the State Acquisition and Tenancy Act was not applicable in the present suit. He finally submitted that ..

Category: Property Law, Procedural Law | Date: 25 Jan, 2006 | Hits: 5

M/S. Uttara Properties Ltd. Vs. Joint District Judge and Artharin Adalat No.1, Dhaka and others, 2005, 34 CLC (HCD)

....tent of 25% of the de­cretal dues in default the Miscellaneous Case shall stand rejected. Communicate the order at once. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 64. ......iur Rahman is the Chairman and Managing Director. The respondent No.2 Agrani bank and its Mohakali Branch insti­tuted Title Suit No.79/89 in the Artha Rin Adalat No.1, Dhaka impleading one Momtaz Begum and her husband Mohammad Salim as sole defendants praying for a decree for realisation of Tk.......rt Division (Special Original Jurisdiction) Present: Md. Awlad Ali J Zinat Ara J M/S. Uttara Properties Ltd…………………………………………Petitioner Vs. Joint District Judge and Artharin Adalat No.1, Dhaka and others…………Re­spondents ......tent of 25% of the de­cretal dues in default the Miscellaneous Case shall stand rejected. Communicate the order at once. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 64. ..

Category: Civil Law | Date: 15 Dec, 2005 | Hits: 19

Abdul Aziz & Government of Bangladesh Vs. Hindu Deity Luxmi Gobinda Jew & ors, 2006, 35 CLC (AD)

....the Civil Appeal No. 216 of 2000 is dismissed with cost of Tk. 500/- and the Civil Appeal No. 217 of 2000 is dis­missed without any order as to cost. Ed. This Case is also Reported in: ......the Civil Appeal No. 216 of 2000 is dismissed with cost of Tk. 500/- and the Civil Appeal No. 217 of 2000 is dis­missed without any order as to cost. Ed. This Case is also Reported in: ...... No. 216 of 2000) Government of Bangladesh, represented by the Deputy Commissioner & Deputy Custodian Enemy Property, Dhaka .....................Appellant (In Civil Appeal No. 217 of 2000) Vs. Hindu Deity Luxmi Gobinda Jew and oth­ers .... Respondents (In both the appeals) Judgme......ppeal No. 217 of 2000) Vs. Hindu Deity Luxmi Gobinda Jew and oth­ers .... Respondents (In both the appeals) Judgment December 8, 2005. Result: The appeals are dismissed. The State Acquisition and Tenancy Act, 1951 (XXVIII of 1951), Section 92 Once a property becomes prop..

Category: Property Law | Date: 8 Dec, 2005 | Hits: 90

Most. Musarraf Sultana Vs. Principal and Member-Secretary, Kanchipara Mahabidhyalaya and others, 2005, 34 CLC (HCD)

....med to have been in her service in the post of Lecturer in Econom­ics. Send down the lower Court records at once. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 66. ...... Vs. Abdul Halim Chowdhury, 47 DLR 173; Dhunat Degree College & ors. Vs. Md. Abdus Samad and others, 49 DLR 38; Sonali Bank and another Vs. Chandon Kumar Nandi, 48 DLR (HCD) 330; Mt. Jahan Ara Begum Vs. A. L. Md. Shamsul Hoque, 27 DLR (AD) 129; Government Body of Kapilmuni College, rep­res......al Jurisdiction) Present: Md. Abdul Aziz J Most. Musarraf Sultana………………………………………………………………………………………Petitioner Vs. Principal and Member-Secretary, Kanchipara Mahabidhyalaya and others……Opposite Partie......med to have been in her service in the post of Lecturer in Econom­ics. Send down the lower Court records at once. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 66. ..

Category: Employment/Service Law | Date: 6 Dec, 2005 | Hits: 6

State Vs. Maku Rabi Das, 2005, 34 CLC (HCD)

....d. Connected jail appeal stands dismissed accordingly. Send down the LCRs along with copy of the judgment to the Court below immediately. Ed. This Case is also Reported in: 58 DLR (2006) 229....... Result: The death reference is accepted. Jail appeal stands dismissed.  Cases Referred to- Yusuf Sk Vs. Appellate Tribunal, 29 DLR (SC) 211; State Vs. Rokeya Begum and another, 13 BLT 377 = 10 BLC 687. Lawyers Involved: Fazilatun Nessa, Deputy At...... High Court Division (Civil Appellate Jurisdiction) Present: Khondker Musa Khaled J Moyeenul Islam Chowdhury J State………………………………..Respondent Vs. Maku Rabi Das…………………….Condemned-Prisoners Judgment November 21, 2......d the Appellate Division Judgment here . Supreme Court High Court Division (Civil Appellate Jurisdiction) Present: Khondker Musa Khaled J Moyeenul Islam Chowdhury J State………………………………..Respondent Vs. Maku Rabi Das………………â..

Category: Criminal Law | Date: 21 Nov, 2005 | Hits: 82

Md. Habibur Rahman Vs. State, 2006, 35 CLC (AD)

....nbsp; 8.  In such view of the matter we do not find any illegality in the judgment passed by the courts below. The criminal petition is, therefore, dismissed.  Ed. ......nbsp; 8.  In such view of the matter we do not find any illegality in the judgment passed by the courts below. The criminal petition is, therefore, dismissed.  Ed. ......ssir Husain CJ Mohammad Fazlul Karim J Amirul Kabir Chowdhury J  Md. Habibur Rahman………………………Petitioner Vs. The State…………………………...... Mohammad Fazlul Karim J Amirul Kabir Chowdhury J  Md. Habibur Rahman………………………Petitioner Vs. The State……………………………&hellip..

Category: Criminal Law | Date: 23 Oct, 2005 | Hits: 83

Jabbar and others Vs. State, 2005, 34 CLC (HCD)

....d down the lower Court's records at once with a copy of this judgment, for in­formation and taking necessary action. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 29.  ......owing 22.1.1996 informant Sakender Ali and his second son deceased Salam were sleeping in the southern verandah of his north bhiti dwelling hut, while his sister's son Abu Taleb and his wife Kamela Begum respec­tively were lying in the eastern verandah and main hut. At about zero zero hour hear......Appellate Jurisdiction) Present: AKM Fazlur Rahman J Syed Mohammad Ziaul Karim J Jabbar and others………………………………………………………..Appellants Vs. The State…………………………………………………………………….R......diction) Present: AKM Fazlur Rahman J Syed Mohammad Ziaul Karim J Jabbar and others………………………………………………………..Appellants Vs. The State…………………………………………………………………….Respondent ..

Category: Criminal Law | Date: 18 Oct, 2005 | Hits: 3

World Tel Bangladesh Ltd. Vs. Bangladesh, 2006, 35 CLC (AD)

.... reasons assigned by the High Court Division in the impugned order, we do not find any illegality with the impugned judgment for our interference. The petition is, accordingly, dismissed. Ed. ...... reasons assigned by the High Court Division in the impugned order, we do not find any illegality with the impugned judgment for our interference. The petition is, accordingly, dismissed. Ed. ...... Supreme Court Appellate Division (Civil) Present: Syed JR Mudassir Husain CJ Md Fazlul Karim J Amirul Kabir Chowdhury J World Tel Bangladesh Ltd...............Petitioner Vs. Bangladesh represented by the Secretary, Ministry of Post & Tele­communications and othe......otecting Foreign Investment under International Law-Legal Aspects of Political Risk" by Poul E. Comsavy and N. Stephen Kuisella, for the proposition that although International law does not require a State to allow the establishment of foreign direct investment (unless required by a treaty), once a ..

Category: Information Technology Law | Date: 25 Aug, 2005 | Hits: 331

M/S. Marine Contacts, represented by Md. Mofazzal Hossain Vs. People's Republic of Bangladesh, 2005, 34 CLC (HCD)

....cumstances we do not find any substance in this Rule. Accordingly the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 20. ......cumstances we do not find any substance in this Rule. Accordingly the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 20. ......urisdiction) Present: Syed Muhammad Dastagir Husain J Md. Ashfaqul Islam J M/S. Marine Contacts, represented by Md. Mofazzal Hossain……………………….Petitioner Vs. The People's Republic of Bangladesh, rep­resented by the Secretary, Ministry of Communi......High Court Division for protection of their fundamental right even though an alternative remedy is available and then he referred to 54 DLR (AD) 88 and submits that where financial interest of the State is involved transparency of the decision making authority is a recog­nised matter. The judic..

Category: Others | Date: 15 Aug, 2005 | Hits: 6

Raqib Sheikh (Md.) Vs. State, 2005, 34 CLC (HCD)

....f Taka 10,000 each, in default, to suffer further rigorous imprisonment for one year. 2. Short prosecution case is that on 12‑8‑1998 appellant Raqib without the consent of his wife, deceased Anowara with intent to cause her miscarriage got a piece of root of plant placed in her vagina by ab......e he was attached to Terakhada Police Station as SI of Police he received a report from Dr. Muniruzzaman, medical officer of Terakhada Upazila Health Complex, to the effect that a woman named Anowara Begum died in the hospital due to haemorrhage. On the basis of that information he recorded Terakhad......on) Present: AKM Fazlur Rahman J Syed Md. Ziaul Karim J Raqib Sheikh (Md.)…………………………..Convict-Appellant Vs. State…………………………&helli......Present: AKM Fazlur Rahman J Syed Md. Ziaul Karim J Raqib Sheikh (Md.)…………………………..Convict-Appellant Vs. State……………………………&hellip..

Category: Criminal Law | Date: 27 Jul, 2005 | Hits: 1

Sadeque @ Sadequr Rahman Vs. State, 2005, 34 CLC (HCD)

....er case. Send down the lower Court records at once with a copy of this judgment for information and taking necessary action. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 498. ...... examined 10 (ten) witnesses and tendered 8 (eight) witnesses namely P.W. 5, Azizur Rahman, P.W. 6, Md. Ismail Miah, P.W. 10, Abdul Baten Master alias Khandokar Matiur Rahman, P.W. 11, Most Helena Begum, P.W. 12, Md. Abu Siddique Master, P.W. 13, Kartick Miah, P.W. 14, Md. Khorshed, P.W. 15, Abu......High Court Division (Criminal Appellate Jurisdiction) Present: AKM Fazlur Rahman J SM Ziaul Karim J Sadeque @ Sadequr Rahman………………………… Appellant Vs. State ………………………Respondent Judgment July 27, 2005. Result......rt Division (Criminal Appellate Jurisdiction) Present: AKM Fazlur Rahman J SM Ziaul Karim J Sadeque @ Sadequr Rahman………………………… Appellant Vs. State ………………………Respondent Judgment July 27, 2005. Result: Th..

Category: Procedural Law | Date: 27 Jul, 2005 | Hits: 9

Md. Azizur Rahman Vs. Mosammat Nazmun Nahar, 2005, 34 CLC (HCD)

....t aside. The order of stay passed earlier by this Court is hereby vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 246. ......t aside. The order of stay passed earlier by this Court is hereby vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 246. ......ision (Civil Revisional Jurisdiction) Present: Md. Abdul Aziz J Md. Azizur Rahman………………………..........Petitioner Vs. Mosammat Nazmun Nahar……………………&helli......rdance with law the same cannot be considered giving preference over the voter list……………………(11) Cases Referred to- Arun Kumar Vs. the State, 10 BLT (AD) 40; Aysha Sultana Vs. Shahajahan Ali, 38 DLR 140. Lawyers Involved: Md...

Category: Evidence Law | Date: 26 Jul, 2005 | Hits: 169

Masud Rana Vs. National Board of Revenue & others, 2005, 34 CLC (HCD)

....tted automatically and not to place the same before the Bench for the purpose of Admission. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 382.       ......tted automatically and not to place the same before the Bench for the purpose of Admission. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 382.       ...... Rahman J Masud Rana……………………………………………………Appellant Vs. Customs, Excise and Vat & others………………&hellip......tted automatically and not to place the same before the Bench for the purpose of Admission. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 382.       ..

Category: Family Law, Women and Children | Date: 24 Jul, 2005 | Hits: 109

Ashraful Alam (Md.) Vs. State, 2005, 34 CLC (HCD)

....petitioner Md. Ashraful Alain, ho is currently on bail, is discharged from his bail bond. Send down the LCR at once. Ed. This Case is also Reported in: 57 DLR (2005) 718.   ...... July 4, 2005. Result: The Rule is made absolute. Cases Referred to- Shyam Sunder Vs. State of Chhatisgors, 202 CrLJ 4315 (SC); State Vs. Punati Ramulu, AIR 1993 SC 2644; Khodeja Begum and others Vs. Md. Sadeq Sarker, 50 DLR 181; Amina Bibi alias Amena Bibi and another Vs. State......urt High Court Division (Criminal Revisional Jurisdiction) Present: Siddiqur Rahman Miah J Ashraful Alam (Md.)……................................Petitioner Vs. State.......................................................Opposite Party Judgment ...... High Court Division (Criminal Revisional Jurisdiction) Present: Siddiqur Rahman Miah J Ashraful Alam (Md.)……................................Petitioner Vs. State.......................................................Opposite Party Judgment July 4..

Category: Family Law | Date: 4 Jul, 2005 | Hits: 2

Md. Abu Aslam Advocate Vs. Rajshahi University and others, 2005, 34 CLC (HCD)

....t Judge, 2nd Court, Rajshahi in Miscellaneous Appeal No.50/2004 is hereby set aside and that of the trial Court is af­firmed. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 5. ......t Judge, 2nd Court, Rajshahi in Miscellaneous Appeal No.50/2004 is hereby set aside and that of the trial Court is af­firmed. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 5. ......gh Court Division (Civil Revisional Jurisdiction) Present: Md. Abdul Aziz J Md. Abu Aslam Advocate, Member, Rajshahi District Bar Accociation………………Petitioner Vs. Rajshahi University, Rajshahi being rep­resented by its Vice Chancellor and others…â€......ess Resources Ltd. & ors., 42 DLR (AD) 80; Mvi. Abdus Sobhan Chowdhury & ors Vs. Fazlur Rahman Chowdhury and others, 9 DLR 467; 26 DLR 100; 37 DLR 83; Abu Taher Chowdhury and others Vs. The State, 11 DLR (AD) 2; Ab­dul Hamid Kazi Vs. Abdul Jabbar Jamadar and others, 26 DLR (SC) 6. ..

Category: Procedural Law | Date: 25 Jun, 2005 | Hits: 7

Swapon Kumar Gain Vs. Amita Golder, 2005, 34 CLC (HCD)

....ed Advocate for the petitioner further submits that, his client has duly paid the monthly amount of Taka 800 up to the months of March, 2005. Ed. This Case is also Reported in: 58 DLR (2006) 26.......State, 55 DLR 160, Nelly Zaman vs. Giasuddin Khan, 34 DLR 221, Sharmin Hossain alias Rupa vs. Mizanur Rahman, 2 BLC 509, Moinuddin (Md) vs Amina Khan Majlish, 42 DLR 483, Md. Sirajul Islam vs. Helana Begum and others, 3 BLT 40, Hasibur Rahman (Md) vs. Shakila Begum and others reported in 53 DLR 152,......2006) 26.......€¦.Petitioner Vs. Amita Golder………………………………………………..Opposite Party Judgment June 25, 2005. Cases Referred to- Amullya Chandra Modak petitioner vs. State, 55 DLR 160, Nelly Zaman vs. Giasuddin Khan, 34 DLR 221, Sharmin Hossain alias Rupa vs. Mizanu..

Category: Family Law | Date: 25 Jun, 2005 | Hits: 237

Golam Hossain Sikder (Md.) and others Vs. Deputy Commissioner & ors, 2005, 34 CLC (HCD)

.... any order as to cost. Me judgments and decrees of both the Courts below are hereby set aside and decreed the suit accordingly. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 598. ...... any order as to cost. Me judgments and decrees of both the Courts below are hereby set aside and decreed the suit accordingly. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 598. ......) 598. ....................Petitioners Vs. Deputy Commissioner & ors.............................Opposite Parties Judgment June 19, 2005. Result: The Rule is made absolute. State Acquisition and Tenancy Act (XXVIII of 1951); Section 85 Code of Civil Procedure (V of 19..

Category: Property Law | Date: 19 Jun, 2005 | Hits: 3

Jamuna Television Limited and another Vs. angladesh and others, 2005, 34 CLC (HCD)

....ing the licence dated 10‑3‑04 are all declared to have been issued without any lawful authority and, as such, of no legal effect. Ed. This Case is also Reported in: 57 DLR (2005) 345. ......ing the licence dated 10‑3‑04 are all declared to have been issued without any lawful authority and, as such, of no legal effect. Ed. This Case is also Reported in: 57 DLR (2005) 345. ......gh Court Division (Special Original Jurisdiction) Present: Md. Abdur Rashid J Syed Refaat Ahmed J Jamuna Television Limited and another....................Petitioners Vs. Bangladesh and others...........................................Respondents Judgment ......ing the licence dated 10‑3‑04 are all declared to have been issued without any lawful authority and, as such, of no legal effect. Ed. This Case is also Reported in: 57 DLR (2005) 345. ..

Category: Information Technology Law | Date: 16 Jun, 2005 | Hits: 4

Kazi Mahbubuddin Ahmed alias Mahbub Vs. State, represented by the DC, Dhaka, 2005, 34 CLC (HCD)

....set at liberty at once, if not required in connection with any other case. Lower Court Records be sent down at once. Ed. This Case is also Reported in: 57 DLR (2005) 513.   ......ilufar and, also, by retracted confession of co-convict Md. Belal when co-convict Md. Belal categorically disclosed that on the dictation of police and Khan Shaheb (P.W.1) he stated before Court that Begum (Nilufar) and Shaheb (convict-appellant) used to engage themselves in quarrel and those statem......h Court Division (Criminal Appellate Jurisdiction) Present: AK Badrul Huq J Md. Fazlur Rahman J Kazi Mahbubuddin Ahmed alias Mahbub.....................Convict-Appellant Vs. State, represented by the DC, Dhaka.........................Respondent Judgment J......ivision (Criminal Appellate Jurisdiction) Present: AK Badrul Huq J Md. Fazlur Rahman J Kazi Mahbubuddin Ahmed alias Mahbub.....................Convict-Appellant Vs. State, represented by the DC, Dhaka.........................Respondent Judgment June 15, 2..

Category: Criminal Law, Evidence Law | Date: 15 Jun, 2005 | Hits: 7