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Sahabuddin Vs. State, 2008, 37 CLC (HCD)
....be set at liberty forthwith if not wanted in connection with any other case. Lower Court Records be sent down at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 54. ......ce in favor of accused should be looked into. The accused persons must be presumed to be innocent until the guilt is proved by cogent and credible evidence……………………………..(37) A Judge does not preside over a criminal trial merely to see that no innocent person is punished. A Ju..Category: Criminal Law | Date: | Hits: 85
Md. Ismail Vs. State, 2012, 41 CLC (HCD)
....ioner from the allegation of the CR case No.306 of 1991 is quashed and the accused is acquitted from the charge levelled against him. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 473. ......tion 561A Whether the inherent power under section 561A of the Code of Criminal procedure can be exercised in setting aside the Judgment and order of the Additional Metropolitan Sessions Judge The inherent power of the High Court Division under section 561A of the Code can ..Category: Procedural Law | Date: | Hits: 94
Manu Mia @ Malu Mia &Others Vs. State, 1989, 18 CLC (HCD)
.... the charge levelled against them. The petitioners on bail in both the Rules shall be discharged from their bail bonds immediately. Ed. This Case is also Reported in:42 DLR (HCD) (1990) 191. ...... was of civil nature and that was why it was not maintainable. Against the aforesaid order of the learned Magistrate complainant, Kafiluddin moved a revisional application before the learned Sessions Judge being Revision Case No.474 of 1979. Ultimately the case was heard by the Additional Sessio..Category: Procedural Law | Date: | Hits: 111
Syed Ghulam Shahriar Vs. Md. Abdur Mannan and 14 others, 2010, 39 CLC (HCD)
....having no merit is liable to be discharged. In the result the Rule is discharged. However, there shall be no order as to costs. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 248. ......08, dated 18-8-2009, issued at the instance of the plaintiff appellant petitioner Syed Ghulam Shahriar, is directed against the Judgment and order dated 23-7-2009 passed by the learned Joint District Judge, Sylhet (in charge) in Miscellaneous Appeal No.91 of 2008 dismissing the appeal affirming th..Category: Property Law | Date: | Hits: 88
.... of respondent No. 2 presented under Rule 31
Of the Tenancy Rules, 1955 are accordingly, restored. Communicate at once.
Ed.
This Case is also Reported in: 61 DLR (HCD) (2009) 18.
......tition is not maintainable.
21. It is further stated that petitioner No. 1 already instituted a suit being Title Suit No. 96 of 2005 for permanent injunction in the First Court of Senior Assistant Judge at Dhaka and ultimately, has withdrawn the same with leave of the Court.
Respondent No. 2 a..
Category: Property Law | Date: | Hits: 120
State Vs. Md. Ershad Ali Sikder and others, 2003, 32 CLC (HCD)
....m alias Franch Alam (5) Jalil Mollah is allowed. The appellants therefore be set at liberty at once if not wanted in any other case. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 672. ......hahjahan and Kutti were however not sent up in the charge-sheet as their correct names and whereabouts could not be made available. 4. On receipt of the case record the learned Additional Sessions Judge, Third Court, Khulna framed charge against the aforesaid 7 accused persons under sections 302,..Category: Criminal Law | Date: | Hits: 110
Sudhangshu Shekhor Halder Vs. Chief Election Commissioner & others, 2003, 32 CLC (HCD)
.... be void. Let a copy of this judgment be communicated to the Election Commission to take necessary steps in accordance with law. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 655. ...... be void. Let a copy of this judgment be communicated to the Election Commission to take necessary steps in accordance with law. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 655. ..Category: Election Law | Date: | Hits: 300
Hazi Shamul Alam Vs. Dr. Ashim Sarkar and others, 2006, 35 CLC (HCD)
....onnected Civil Rule No.17(F) of 2004 is discharged and the order of stay is vacated. Send down the lower Court's records at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 199. ...... Judgment Md. Arayes Uddin J.- This appeal at the instance of the defendant has been preferred against the judgment and decree dated 25.10.03 and 01.11.03 respectively passed by the Joint District Judge, First Court, Chittagong, in Partition Suit No.72 of 2003 decreeing the suit in full in prelim..Category: Property Law | Date: | Hits: 132
Md. Daud Nabi Alias Daud Vs. State, 2009, 38 CLC (HCD)
.... set at liberty at once if not wanted in any other case. Send the lower Court's records along with a copy of this Judgment at once. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 45. ...... Haider J.- This Criminal Revision under section 439 read with section 435 of the Code of Criminal Procedure is directed against the Judgment and order dated 01.12.2008 passed by the learned Sessions Judge, Lakshmipur in Criminal Appeal No.37 of 2008 allowing the appeal in part and dismissing the sa..Category: Criminal Law | Date: | Hits: 91
Prof. Serajul Islam Chowdhury and others Vs. Jahangirnagar University and others, 2009, 38 CLC (HCD)
.... Judgment complying with the principles of natural justice and fairness. 62. There is no order as to costs. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 6; 61 DLR (HCD) (2009) 744 ......ties' and not 'beyond reasonable doubt'. In support of her contention, she cites the case of President Vs. Shaukat Ali, PLD 1971 SC 585. 43. The case arises out of a proceeding initiated against a Judge before the Supreme Judicial Council. The Supreme Court of Pakistan held as under: "Moreover..Category: Employment/Service Law | Date: | Hits: 169
Moniruzzaman (Md.) Vs. Bangladesh House Building Finance Corporation and others, 2010, 39 CLC (HCD)
....ay passed earlier is hereby vacated. There shall, however, be no order as to cost. Communicate a copy of this judgment at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 239. ......poration Order, 1973, (PO No.VII of 1973); Article 27 Article 27 of the Order enables the HBFC to seek relief against the defaulting borrower by an application to be made directly to the 'District Judge' having territorial jurisdiction over the property of the borrower mortgaged or otherwise disp..Category: Property Law | Date: | Hits: 127
Santosh Mia Vs. State, 1989, 18 CLC (HCD)
....nced to 5 (five) years rigorous imprisonment. In the result, the appeal is dismissed and the Rule is made absolute in above terms. Ed. This Case is also Reported in:42 DLR (HCD) (1990) 171. ...... the Respondent. Criminal Appeal No.65 of 1987. with Suo Motu Rule No.71 of 1987. Judgment Syed Fazle Ahmed J. - Appellant Md.Santosh Mia was placed on trial before the Sessions Judge, Brahmanbaria in Sessions Trial Case No.12 of 1987 to answer a charge initially under section ..Category: Criminal Law | Date: | Hits: 118
Mohsin Ali Chowdhury Vs. Muzammel Khan & Others, 1989, 18 CLC (HCD)
.... find no ground to interfere with the judgment and decree passed by the learned appellate Court. The rule is discharged without costs. Ed. This Case is also Reported in:42 DLR (HCD) (1990) 167. ......ser or prescription. The learned trial Court refused the prayer for injunction. 6. Being aggrieved by the decision of the trial Court, the defendants preferred an appeal. The learned Subordinate Judge who heard the appeal reversed the decision of the learned trial Court and dismissed the suit b..Category: Civil Law | Date: | Hits: 189
Jahirul Islam (Md.) Vs. Rokeya Begum and others, 2009, 38 CLC (HCD)
....of the rule stands vacated. Send down the lower Court record together with copy of the judgment to the Courts below expeditiously. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 225. ......ssued calling upon the defendant opposite party Nos.1-4 to show cause as to shy the impugned judgment dated 10-6-1999 and decree dated 20-6-1999 passed by the learned Additional District and Sessions Judge, 10th Court, Dhaka in Title Appeal No.211 of 1993 should not be set aside and why the judgment..Category: Civil Law | Date: | Hits: 153
Abul Hashem Vs. Mahmuda Khatoon & another, 2012, 41 CLC (HCD)
....h and the learned Assistant Judge and Family Court, Fulbaria, Mymensingh along with the lower Court records. No order as to costs. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 494. ...... recorded decisions in agreement on some of the issues and with difference or contradiction on others. 3. Those issues came up for trial in Family Suit No.59 of 1998 before the learned Assistant Judge and Family Courts, Fulbaria, Mymensingh. The trial Court by its Judgment and order dated 14-2-..Category: Family Law | Date: | Hits: 246
Nur Mohammad Vs. Serajul Islam and others, 2012, 41 CLC (HCD)
..... The order of stay granted earlier by this Court is hereby recalled and vacated. Send down the Lower Court's Records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 491. ......ther under Section 115(1) of the Code of Civil Procedure the Rule was issued calling upon the opposite parties to show cause as to why the Judgment and decree dated 9-9-1997 passed by the Subordinate Judge (now Joint District Judge), First Court, Chandpur in Title Appeal No.28 of 1994 affirming thos..Category: Property Law | Date: | Hits: 134
....us quo granted earlier at the time of issue of the Rule on 15.12.02 is hereby recalled and vacated.
Send down the records at once.
Ed.
This Case is also Reported in: 13 MLR (HCD) (2008) 273.
......- Plaintiff No.7 obtained the Rule upon making a revision application under section 115(1) of the Code of Civil Procedure against the judgment and decree dated 01.08.2002 passed by the Joint District Judge, Court No.1 at Manikganj in Title Appeal No.203 of 1999, which affirmed the decree of the tria..
Category: Property Law | Date: | Hits: 100
Anwar Hossain (Md.) and others Vs. State and others, 2003, 32 CLC (HCD)
....strict Magistrates, Dhaka, Chittagong and Khulna, by postal guaranteed service for their Guidance and to act in accordance with law. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 643. ......iberty. It is addressed to him who detains another in custody and commands him to produce the body, with the day and cause of his caption and detention, and to do, submit to, and receive whatever the Judge or the Court shall consider in that behalf. It is essentially a writ of enquiry and on matters..Category: Criminal Law | Date: | Hits: 114
Muhibur Rahman Manik and others Vs. Bangladesh and others, 2003, 32 CLC (HCD)
....ion of law. In the result, the Rules are discharged without any order as to cost. The orders of stay granted earlier are vacated. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 636. ...... out that such right has been given to the higher courts under different laws now in force. Next, he has given emphasis on the fact that it is the Government who chooses the cases, the Courts and the Judges. So, according to him, this unfettered power as given to the Government not only is violative..Category: Criminal Law | Date: | Hits: 177
Md. Momtaz Uddin Vs. Sreemoti Bimala Rani Roy @ Bigini Roy and others, 2008, 37 CLC (HCD)
....dated 27.4.2002 by appellate Court in T.A. 154/97 be recalled. L.C records along with copy of the judgment be sent down accordingly. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 1. ......e at the instance of one Momtaz Uddin defendant No.2 respondent-petitioner calling upon plaintiff-appellant-opposite party No.1 to show cause as to why judgment dated 27.4.2002 by Additional District Judge 1st Court Noagaon allowing T.A. No.154/97 setting aside judgment dated 19.5.97 of dismissal of..Category: Procedural Law | Date: | Hits: 118
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