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M Fransis P Rojario alias Babu Vs. State, 2009, 38 CLC (HCD)
....ccused petitioners is hereby quashed. Communicate a copy of this Judgment to the Court concerned where the case is now pending at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 355.......said to be pending and accordingly, a proceeding cannot be quashed unless cognizance in respect thereof has been taken and process issued…………” 21. We are in respectful agreement with the principles enunciated in 60 DLR (AD) 1 that a proceeding cannot be quashed unless cognizance is take......en at initial stage may be justified where the facts are so preposterous that even on the admitted facts no case can stand against the accused and that a further prolongation of the prosecution would amount to harassment to an innocent party and abuse of process of the Court. Besides, some categorie..Category: Criminal Law | Date: | Hits: 86
Jahangir Alam Chowdhury (Md.) Vs. Zabun Nahar Chowdhurani and other, 2008, 37 CLC (HCD)
....is Court at the time of issuance of the Rule is hereby vacated. Lower Courts record be sent down at once with a copy of the Judgment. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 322. ......is Court at the time of issuance of the Rule is hereby vacated. Lower Courts record be sent down at once with a copy of the Judgment. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 322. ......d of gift in the name of plaintiff on 25-4-2000 measuring 31/2 decimal of land situated at Feni town. Her father built up a 3-storied building with a foundation of 5-storied building by spending huge amount of money and she had been living there with her husband and children since 2001. The defendan..Category: Family Law | Date: | Hits: 167
Nurun Nabi (Md.) Vs. Md. Abu Taher Khan and another, 2009, 38 CLC (HCD)
....usly as may be Practicable. The order of stay granted earlier by this Court shall stand vacated. Communicate the order at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 317. ......usly as may be Practicable. The order of stay granted earlier by this Court shall stand vacated. Communicate the order at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 317. ......arge the said liability the accused-petitioner had drawn 3 cheques numbering 2172956, 2172957 and 2172958 dated 19-12-2006, 24-12-2006 and 30-3-2007 respectively, in favour of the complainant, for an amount of Taka 12,84,600 in total. The cheques were presented for encashment on different dates, but..Category: Criminal Law | Date: | Hits: 86
Khalil @ Khalilur Rahman and others Vs. State, 2008, 37 CLC (HCD)
....tion and sentence is affirmed and he will get benefit of section 35A of the Code of Criminal Procedure. Send down the LCR at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 309. ...... Station. 37. He stated in his cross-examination that accused Azimuddin told him that he purchased the seized rice. 38. These are all the evidence adduced by the prosecution. 39. Fundamental principle of Criminal Jurisdiction is that onus of proving everything essential to the establishment......tion and sentence is affirmed and he will get benefit of section 35A of the Code of Criminal Procedure. Send down the LCR at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 309. ..Category: Criminal Law | Date: | Hits: 116
Atahar and others Vs. State, 2007, 36 CLC (HCD)
....ny other case and accused appellants Mutahar and Sohrab be discharged from their respective bail bond. Send down the LCR at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 302. ...... remain silent all through. But nothing adverse therefrom can be presumed against him. Whether his pleas are established or not and whether he leads evidence or not that is not material. The cardinal principle of criminal justice that the accused shall be presumed to be innocent until his guilt is p......ny other case and accused appellants Mutahar and Sohrab be discharged from their respective bail bond. Send down the LCR at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 302. ..Category: Criminal Law | Date: | Hits: 66
Momena Khatun and others Vs. Hussain Fabrics Ltd. and others, 2010, 39 CLC (HCD)
....rector of Uttara Bank Ltd on 16-9-1990, in which admitted the agreement for sale dated 19-3-1990 and also admitted possession of the plaintiffs. Defendant No.1 due to financial problem, failed to pay installments to RAJUK, as such, some dispute arose between RAJUK and defendant No.1 and defendant No......lier at the time of issuance of rule is here by vacated. Communicate this order at once. Sent down the lower Court records at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 66.......lier at the time of issuance of rule is here by vacated. Communicate this order at once. Sent down the lower Court records at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 66...Category: Property Law | Date: | Hits: 78
....udgment and decree dated 14‑5‑02 is without jurisdiction.
The result is that the Rule is made absolute without any order as to cost.
Ed.
This Case is also Reported in: 56 DLR (2004) 641.
......n purchase."
The next case on which reliance has been placed is Gannysons Ltd Vs. Sonali Bank and others, 36 DLR (AD) 146 Although the said case was decided in civil appellate jurisdiction but the principle laid down there was that under the provision of Article 14 of President's Order 16 of 1972......d Artha Rin Adalat decreed the suit by judgment and decree dated 14‑5‑02 (Annexure D). It has been contended by the petitioners that the Artha Rin Adalat acted beyond its jurisdiction as the loan amount claimed by the plaintiff respondent bank is not a loan as per definition of sub‑section (2)..
Category: Property Law | Date: | Hits: 173
Ruhul Amin Kha Vs. State, 2004, 33 CLC (HCD)
....appellant Ruhul Amin kha, son of late Amir Hossain Kha of village Lakshmipur, PS Muladi, District Barisal is hereby discharged from the case. Ed. This Case is also Reported in: 56 DLR (2004) 632.......appellant Ruhul Amin kha, son of late Amir Hossain Kha of village Lakshmipur, PS Muladi, District Barisal is hereby discharged from the case. Ed. This Case is also Reported in: 56 DLR (2004) 632.......nd Sultana Razia and also confined them. At one stage accused No. 1 forcibly snatched away one tola golden chain valued at Taka 7,000 from the neck of the witnesses No. 2, accused No. 2 snatched cash amount of Taka 5,500 contained in vanity bag of said witness and accused No. 3 looted cash amount of..Category: Criminal Law | Date: | Hits: 64
Zahidul Hasan (Md) and others Vs. State, 2004, 33 CLC (HCD)
....ed. The Deputy Commissioner, Sylhet is directed to make arrangement to return the money. Communicate the order to the Courts below at once. Ed. This Case is also Reported in: 56 DLR (2004) 630. ......ed. The Deputy Commissioner, Sylhet is directed to make arrangement to return the money. Communicate the order to the Courts below at once. Ed. This Case is also Reported in: 56 DLR (2004) 630. ......on 2‑9‑2003 at about 14 hours he got a secret information that from Sylhet Airport a private car being No. Sylhet Ka‑5200 was going to Upashahar residential area with some persons and with huge amount of Hundi Taka. The news was registered in Detective Branch under GDE No. 20 dated 2‑9‑200..Category: Criminal Law | Date: | Hits: 70
Asmatunnessa Khatun Vs. Bangladesh, 2004, 33 CLC (HCD)
....vables of the Deputy Commissioner at Dhaka as described in the schedule to the application within a week of receipt of this order positively. Ed. This Case is also Reported in: 56 DLR (2004) 612.......vables of the Deputy Commissioner at Dhaka as described in the schedule to the application within a week of receipt of this order positively. Ed. This Case is also Reported in: 56 DLR (2004) 612.......an award of Taka 29,43,695. Arbitration Court in presence of the Deputy Commissioner by his order dated 19‑6‑91 gave an award of Taka 3,18,216.43 and directed the judgment‑debtor to deposit the amount in Court within 60 days. Deputy Commissioner could not accept the award and unsuccessfully mo..Category: Procedural Law | Date: | Hits: 54
Abdus Sattar alias Taku Sattar Vs. State, 2010, 39 CLC (HCD)
....ess his detention is required in connection with any other case. Send down the Lower Court Records. Communicate the order at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 298. ......রে।” 26. Hence we find that there is no evidence to show that the arms in question was recovered from the exclusive possession or control of the accused as alleged by the prosecution. The principle of law laid down in 50 DLR 356 is applicable in the facts and circumstances of this case. ......ess his detention is required in connection with any other case. Send down the Lower Court Records. Communicate the order at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 298. ..Category: Criminal Law | Date: | Hits: 65
BIVAC International SA and another Vs. National Board of Revenue and others, 2010, 39 CLC (HCD)
....t without any order at to cost. The order of direction given at the time of issuance of the Rule by this Division is hereby recalled. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 284. ......t without any order at to cost. The order of direction given at the time of issuance of the Rule by this Division is hereby recalled. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 284. ......nts' and impose and deduct VAT at the rate applicable to "Consultants' from time to time at the rate of 4.5% and to accept bank guarantees at the time of payment of invoices covering the differential amount of 8.54%. 5. The back ground of issuance of the Rule, in short, is that the National Board..Category: Fiscal/Taxation Law | Date: | Hits: 152
.... case), if it is required.
The office is directed to communicate the judgment to the concerned executing Court at once.
Nazmun Ara Sultana J. - I agree.
Ed.
This Case is also Reported in:
......e mortgaged property after amendment of the schedule of the execution case, failing which, it cannot be said that section 34(9) of the Artha Rin Adalat Ain, 2003 was complied with. It is the cardinal principle of interpretation of statute that any provision of law, which takes away the man’s freed...... case in short is that respondent No.2, Sonali Bank Ltd. as plaintiff instituted Artha Rin Suit No.182 of 1992 in the Artha Rin Adalat, Comilla against the petitioners and others for recovery of loan amounting to Tk.6, 39,608.55 (taka six lac thirty-nine thousand six hundred eight taka and paisa fif..
Category: Civil Law | Date: | Hits: 80
Abdul Khaleque Miah Vs. Sheikh Amin Uddin, 2011, 40 CLC (HCD)
....9 of 1982 is hereby maintained. The order of stay passed at the time of issuance of the Rule is vacated. Send down the lower Courts’ records. Ed. This case is also Reported in: ......clearly proved that the plaintiff did never relinquish his claim over the remaining land. The added defendant purchased the suit land on 9.2.1980 i.e. during pendency of the suit, which is hit by the principle of lis pendens and therefore, he cannot claim to be a bona fide purchaser. 13. I have c......, he registered the agreement for sale on 8.9.1976. It was stipulated that defendant No.1 would evict his tenants from the suit land within one month and on receipt of the balance consideration money amounting to Taka 27,000/- (twenty seven thousand) would execute and register a sale deed in favour ..Category: Property Law | Date: | Hits: 99
A. M. Anwarul Haque Vs. State, 2011, 40 CLC (HCD)
.... set aside. The appellant is released from his bail bond. Send down the lower Court’s records with a copy of this judgment. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ...... set aside. The appellant is released from his bail bond. Send down the lower Court’s records with a copy of this judgment. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ......d 185 pieces of bags worth Taka 23, 06,728.80 in total. It was presumed that the said Mirza Monwar Hossain, since deceased and the co-accused in collusion with each other had misappropriated the said amount within the period from 29.3.1987 to 4.1.1991. 3. The District Anti-Corruption Officer, Hab..Category: Criminal Law | Date: | Hits: 61
.... deed of conveyance dated 8.11.1969. After independence of Bangladesh, the said Ramjan Ali owed allegiance to Bangladesh and his name was included in the voter list dated 30.1.1973. He paid remaining installments on 17.4.1978 against the suit property and acquired sole proprietary right over the sam....... The connected Civil Rule is also discharged and the stay granted therein is vacated.
Send down the lower Court’s record.
Faruque Ahmed J.- I agree.
Ed.
This Case is also Reported in:
....... The connected Civil Rule is also discharged and the stay granted therein is vacated.
Send down the lower Court’s record.
Faruque Ahmed J.- I agree.
Ed.
This Case is also Reported in:
..
Category: Property Law | Date: | Hits: 78
Fazler Rahman Talukder Vs. Md. Mohsen Ali Talukder and another, 1982, 11 CLC (AD)
....dgment and decree of the High Court Division and those of the lower Appellate Court are set aside and those of the trial Court restored. Ed. This case is also reported in: 35 DLR (AD) (1983) 116....... is not sufficient to prove that he is a tenure-holder. It must be proved on evidence that since the inception of the tenancy land was let out for of the agricultural or horticultural purpose. This principle, as it appears from the Judgment of the lower Appellate Court and that of the High Court D......dgment and decree of the High Court Division and those of the lower Appellate Court are set aside and those of the trial Court restored. Ed. This case is also reported in: 35 DLR (AD) (1983) 116...Category: Property Law | Date: | Hits: 58
State Vs. Md. Faisal Alam Ansari and others, 2008, 37 CLC (AD)
....as stated above and the Jail Appeal is accordingly disposed of. Send down the lower Court records along with a copy of this judgment at once. Ed. This Case is also Reported in: ......art my consideration of the issue of sentence from the point where the three accused persons are seen at the place of occurrence, where the victim was shot and left on the roadside. 42. A general principle of sentencing is that, where the law provides for alternative or various quantum of senten......as stated above and the Jail Appeal is accordingly disposed of. Send down the lower Court records along with a copy of this judgment at once. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 94
State Vs. Md. Monirul Islam, 2011, 40 CLC (AD)
....Judge, Nababgonj is directed to take steps for the arrest the accused respondent and then to enlarge him on bail, if he submits bail bond to his satisfaction. Ed. This Case is also Reported in: ......Judge, Nababgonj is directed to take steps for the arrest the accused respondent and then to enlarge him on bail, if he submits bail bond to his satisfaction. Ed. This Case is also Reported in: ......attached to Rahanpur Post Office as postman, misappropriated a money order for a sum of Tk. 2,000/- which was sent in favour of one Moktar Hossain (P.W.9) by showing a false receipt of payment of the amount. Pursuant to a complaint made by said Moktar Hossain, an inquiry was held, when the responden..Category: Criminal Law | Date: | Hits: 77
State Vs. Md. Abul Hossain and another, 2011, 40 CLC (AD)
....tence of imprisonment for the period they have already undergone. The appeals are allowed with the modification of the sentence as above. Ed. This Case is also Reported in: 9 LG (AD) (2012) 47. ......tence of imprisonment for the period they have already undergone. The appeals are allowed with the modification of the sentence as above. Ed. This Case is also Reported in: 9 LG (AD) (2012) 47. ......functions of renewal of motor vehicle licence during the period from 12th May, 1985 to 9th December, 1985, that they realized money by selling motor vehicle stamps but they did not deposit the entire amount realized. It was further observed that there was a preliminary inquiry into the allegation of..Category: Criminal Law | Date: | Hits: 85
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